Defamation Defences
Private Matters and Public Interest
Questions have arisen in the context of the private lives of public figures. In some cases, private qualities and character may be inconsistent with publicly stated opinions and attributes relevant to the public position. Matters which are prurient and salacious and may of interest to the public but are not in the public interest in this sense.
A person’s private life is not generally a matter of public interest. However, if a person publicises his private life and seeks publicity, it may cease to be private.
Where allegations are privileged, the defence of honest opinion requires that the defendant did not know and could not recently have known that the allegations were untrue and the opinion could not be understood to imply that they were true.
The requirement that the facts are set out or referred to is justified on the basis that the public should be in a position to make up your own mind, on the underlying facts. If the matter is already known to the public, little reference may be required.