Defamation Defences

Interest in the Matter

There are conditions to the availability of privilege. The person who makes the statement must not act maliciously. There must be an interest on the part of both the person making and receiving the statement. The person must not knowingly or recklessly make an untruth statement.

The public interest defence requires a public interest in communicating and receiving the information.  The judge decides on whether this is the case.  The entirety of the story should be considered, and if the alleged defamatory statement did not make a contribution to it, then their inclusion may be unjustifiable.  The publication must be undertaken responsibly.

The legislation lists factors, to which the courts will have regard, in deciding whether if it is fair and reasonable to publish the statement concerned.

The statement must be published in good faith in the course of or for the purpose of the discussion of the subject of public interest, the discussions of which is for public benefit. In the circumstances of the case, with matter and extent of publication of the statement must not exceed what was reasonably sufficient and it must be fair and reasonable to publish the statement. Publication must take place in good faith.