Defamation Defences P355

Question 1

Which Defamation defence applies to user comments & live broadcasts?

Answer 1

Section 1 Defence ( Innocent Desemination )
Of the Defamation Act 1996 & 2013.

Provides defence for anyone who was not the author, editor, or publisher.
They took reasonable care in relation to its publication.
They did not know or have reason to believe that their position was part of the publication of the defamatory statement.

Question 2

Name the Main Defences to Defamation?
( Some are in the Defamation Act 2013)

Answer 2

1. Truth ( S2 of 2013 Act)
2. Honest Opinion ( S3 of 2013 Act)
3. Public Interest (S4 of 2013 Act)
4. Absolute privilege
5. Qualified Privilege
6. Accord & Satisfaction
7. Offer of amends

Question 3

What is the requirement for the Truth Defence?

Answer 3

Is that used in civil cases generally , the material must be proved true ‘On the Balance of Probabilities’

Question 4

What are the requirements of Honest Opinion?

Answer 4

1. Be the honest opinion of the person making it
2. Be recognisable as opinion, not factual allegation to readers/viewers/listeners
3. Be based on a provably true fact or privileged material, media organisations should therefore be prepped to run the Truth Defence, or Absolute or qualified Privilege.
4. Explicitly or implicitly indicate at least in general terms the fact or information on which it is based.

Question 5

Section 5 of the 2013 Act provides a defence for…

Answer 5

Website operators from Defamation action over postings from users.
Those who Host, Cache, or are mere conduits for Internet publication are protected if they comply with the NTD Notice & Takedown procedure.

Question 6

Regulation 19 protection

Answer 6

It protects any hosts of material which may breach any part of law further than Defamation. (Does not apply solely to defamation).
for example when someone comments/posts on a story
You are protected if you use the notice and take down procedure ie, remove the disputed material in a reasonable time frame