Unit 2 Outcome 1 - Defences To Defamation

Question 1

Justification

Answer 1

This defence applies when a defamatory statement is substantially true

Question 2

Contextual truth

Answer 2

Applies when a number of defamatory statements are made within the same context and plaintiff objects to one statement but not all

Question 3

Absolute privilege

Answer 3

Used when the defendant can prove the defamatory material was published in relation to parliamentary proceedings

Question 4

Publication of public documents

Answer 4

Published material was a fair copy, summary or extract of a public document only if it was published in public interest or educational purposes

Question 5

Fair report of proceeding of public concern

Answer 5

Material was no more then a fair report of proceedings published for public interest or educational purposes

Question 6

Qualified privilege

Answer 6

Applicable where defendant:

• believes recipient of demotion has moral or legal interest
• acts without malice or spite
• acts reasonably in circumstances

Question 7

Honest opinion

Answer 7

Defamatory material is an expression of honest opinion rather then a statement of fact. Matter must be based on proper material

Question 8

Innocent discrimination

Answer 8

Protects people that unknowingly distribute defamatory information such as booksellers or printing companies

Question 9

Triviality

Answer 9

Publisher can show that the defendant is unlikely to be harmed by the defamatory material