U2 AOS1 - Honest Opinion & Innocent Dissemination

Question 1

Honest opinion elements

Answer 1

• The matter was a statement of opinion rather than a statement of fact
• The opinion was related to a matter of public interest
• The opinion was based on proper material

Question 2

Elaboration on ‘statement of opinion rather than a statement of fact’

Answer 2

• The statement must appear to be an opinion to the ordinary, reasonable reader, having regard to all the circumstances of the publication
• It could include a deduction, conclusion, criticism, judgement, remark or observation drawn from a set of facts

Question 3

Elaboration on ‘public interest’

Answer 3

• The public must have an interest in receiving the information
• There is no exhaustive list of matters, but it can include politics, activities of large corporations, sports and literary or artistic works

Question 4

Elaboration on ‘proper material’

Answer 4

• The material providing the basis for the opinion must be set out in the defamatory publication or accessible from a reference/link
• That material must be substantially true, a public document or a report on public proceedings

Question 5

Innocent dissemination

Answer 5

• This defence protects people who unknowingly distribute defamatory information such as printing companies, booksellers, libraries and Internet or email providers

Question 6

Innocent dissemination elements

Answer 6

• They published the material as a subordinate distributor or as an employee or agent of one
• Did not know (nor should’ve known) that the publication contained defamatory information
• Did not have an obligation to cheque for defamatory material

Question 7

Subordinate distributor

Answer 7

• Someone other than the author, editor or primary distributor