GROUNDS OF JUSTIFICATION

Question 1

GROUNDS OF JUSTIFICATION:

Answer 1

1. Privileged occasion or privilege
2. Truth and public interest
3. Media privilege
4. Political privilege
5. Fair comment

Question 2

1. PRIVILEGED OCCASION OR PRIVILEGE:

Answer 2

Privilege exists when someone has the right, duty or interest to make specific defamatory assertions and the person who learns of them has a corresponding right or duty to learn, of such statements.

Question 3

2. TRUTH AND PUBLIC INTEREST:

Answer 3

derogatory remarks that are substantially true do not constitute defamation, provided that they are in the public interest.

Question 4

3. MEDIA PRIVILEGE:

Answer 4

relates to the reasonable publication of false or untrue defamatory statements by the media

Question 5

4. POLITICAL PRIVILEGE:

Answer 5

entails the reasonable publication of defamatory allegations in the field of politics

Question 6

5. FAIR COMMENT:

Answer 6

a defendant may make a prima facie defamatory remark if it is a fair comment based on facts that are true and in public interest

Question 7

FOUR REQUIREMENTS OF FAIR COMMENT:

Answer 7

1. must be a comment and not a fact
2. the comment must be considered fair in terms of boni mores
3. the comment must deal with a matter of public interest
4. the facts on which the comment is based must be substantially true

Question 8

OTHER DEFENCES:

Answer 8

1. Consent
2. Private defence
3. Provocation
4. Compensatio