U2 AOS1 - Justification & Contextual Truth

Question 1

Overview

Answer 1

• All of the elements of defamation have not been proven on the balance of probabilities
• Otherwise. they may rely on a specific defence:
  
  • Justification, contextual truth, absolute privilege, publication of public documents, fair report of proceedings of public concern, public interest, honest opinion and innocent dissemination

Question 2

Justification

Answer 2

• This applies when the defamatory statement is substantially true (the vast majority is true)
• It does not matter if there are some inaccuracies, as long as the core imputation or assertion of the statement is substantially true

Question 3

Justification elements

Answer 3

• It involves one statement or assertion and the inaccurate statement is part of that original statement
• The incorrect information within the one assertion is minor
• The incorrect information within the assertion does not add to the deformation or lowering of a person’s reputation

Question 4

Contextual truth

Answer 4

• This applies when defamatory statements are made within the same context as, or published alongside, statements that are substantially true
• If the contextual, substantially true statements are more serious than the defamatory statements, the defamatory statements are essentially cancelled out or subsumed within the greater context, as they do no further harm to the plaintiffs reputation

Question 5

Contextual truth elements

Answer 5

• Contextual truth involves two or more assertions
• The majority of the assertions are true
• The one assertion that is found to be untrue when considering the other assertions is less defamatory, or is unlikely to decrease the reputation of the plaintiff in context of the other assertions