Defamation Defences

Factors Taken into Account

In considering what might qualify, a range of factors are taken into account;

• the more serious allegation, the more harmful it is to a person’s reputation;
• certain information is of greater public concern than other information
• the source of the information, its credibility and bias;
• the steps taken to verify the information;
• the urgency of the matter, bearing in mind that news turnaround times may be fast;
• the status of the information, in terms of investigation and credibility;
• whether a comment has been sought from the persons affected and his response;
• whether the publication contains the claimant’s version;
• the tone of the article;
• the circumstances of the publication

The matter comes down to balancing the right of the public to know against the reputation of the person, the subject of the comment. The defence operates by granting the privilege. In the case of privilege, a person must have a legitimate interest in publicising a particular matter.