Lesson 14

• Justification

  • The statement is substantially true
  • Vast majority of the article is true
• Contextual Truth

  • Number of defamatory statements are made within the same context of statements that are substantially true.
  • Defamatory statements do not further harm the reputation of the plaintiff.
• Absolute Priviledge

  • Complete immunity from being sued in certain cases.
  • Defendant needs to prove that the defamatory material was published in relation to proceedings of parliament, parliamentary bodies, courts or tribunals.
• Publication of public documents

  • The published material was a fair copy, summary or extract of a public document that is readily available.
  • Needs to be of public interest or for educational purposes.
• Fair report of proceedings of public concern

  • Argue that material is essentially a fair report of proceedings that is published for information of the public or for educational purposes.
  • Parliamentary body, government, court, tribunal
  • Government inquiries, law reform bodies
  • Learned, professional, trade, sporting, or recreational associations
  • Company shareholders
• Qualified Priviledge

  • Protects a person who has no malice in publishing information that is damaging to another person, and published it for various good reasons.
  • Believes person receiving information has a moral or legal interest in receiving the information
  • Person acts without malice or spite and acts reasonably in the circumstances
• Honest opinion

  • Defendant may believe that the material is an expression of their honest opinion, rather than a statement of fact.
  • Information must be of public interest and opinion must be based on proper material (substantially true or relates to public documents)
• Innocent Dissemination

  • Protects people who may unknowingly distribute defamatory material
  • Printing companies, booksellers, libraries, internet/email providers
  • Did not know that it contained defamatory material or did not have an obligation to check
• Triviality

  Publisher can show that the plaintiff is unlikely to be harmed by the publication of the defamatory material.