– Defences against Defamation
Defences Against Defamation
When someone is sued for defamation, they can avoid liability by proving certain defenses. These defenses justify or excuse the statement made, even if it was defamatory.
1. Truth (Justification)
The statement made is true in substance and fact.
Truth is an absolute defense because defamation laws protect reputation, not falsehoods.
The defendant must prove the truth of the statement.
Even if the statement harms the plaintiff’s reputation, it is not defamatory if true.
2. Fair Comment (Honest Opinion)
The statement is a fair and honest opinion rather than a fact.
The opinion must be based on true facts that are disclosed or known.
It must be about a matter of public interest.
The comment must be made without malice.
Example: A critic’s negative review of a public performance.
3. Privilege
a. Absolute Privilege
Complete immunity from defamation suits.
Applies to statements made in specific contexts, regardless of intent or truth.
Examples:
Parliamentary proceedings
Judicial proceedings
Statements made by certain public officials during official duties
b. Qualified Privilege
Protection when statements are made in good faith, without malice, and on occasions where the communicator has a legal, moral, or social duty to make them.
Examples:
Employer’s references
Reports of public meetings
The privilege is lost if malice is proven.
4. Consent
If the plaintiff consented to the publication of the statement, they cannot later claim defamation.
Consent must be informed and voluntary.
5. Innocent Dissemination
A defense for people or entities who unknowingly distribute defamatory material, such as booksellers, libraries, or internet service providers, provided they had no knowledge of the defamation.
6. Statutory Defenses
Some jurisdictions have specific statutory defenses related to media reports, fair reporting of public proceedings, or other particular situations.
Summary Table
| Defence | Description | Key Requirement |
|---|---|---|
| Truth | Statement is factually true | Burden of proof on defendant |
| Fair Comment | Honest opinion based on true facts | No malice, public interest |
| Absolute Privilege | Complete immunity in certain contexts | Official or parliamentary proceedings |
| Qualified Privilege | Immunity if made in good faith without malice | Lost if malice is proven |
| Consent | Plaintiff agreed to publication | Consent must be voluntary and informed |
| Innocent Dissemination | Distributor unaware of defamation | No knowledge or control over content |
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