Defamation Defences Flashcards
Defences
Truth Honest opinion Publication in public interest Website operators Reportage Privilege
Truth authority
S2 DA 2013
Truth must be substantially true
Alexander v NE Railway Co
If one or more imputations shown not to be true, only liable if the harm reputation
S2(2) And s2(3) DA 2013
Defamation defended if allegation of an offence is proven
Civil Evidence Act 1968
Imputation of general conduct not proven by a single instance of bad conduct
Wakley v Cooke
Cannot sue 2+ imputation defence if they are unrelated
Cruise + Kidman v Express Newspapers
Parts of honest opinion
S3(2-4) DA 2013
Statement of opinion
Statement indicated basis of opinion
Honest person would have held opinion on basis of any fact that existed at the time or from a privileged statement
Opinion must not be asserted as fact
Telnikoff v Mateusevich
Comment must explicitly or implicitly indicate the facts on which it is based
Spiller v Joseph
Test is of honest opinion no matter how prejudiced
Telnikoff v Mateusevich
Malice negates opinion defence
Tse Wai Chun v Cheng
Components of publication in the public interest
S4 DA 2013
Statement was in public interest
D reasonably believed this
10 factors to consider authority
Reynolds v Times Newspapers
Defence for website operators
S5 DA 2013
Not possible for c to identify who
C gave operator notice of complaint
Failed to respond to notice
