Media law week 9 part 2 - Defamation defences

What is Accord and Satisfaction defence?

Complainant signs waiver agreeing not to sue. In return publisher of defamatory statement publishes a correction and apology

What is Honest Opinion defence?

Can be used to defend opinion pieces and comment.
It protects free speech and also irony/comedy.
Case: Richard Branson

What are the requirements to run an honest opinion defence?

1) The comment must be the honestly held opinion of the person making it
2) It must be recognisable to the reader/viewer/listener as opinion rather than fact
3) Must be based on a provably true fact or privileged material
4) The author must explicitly or implicitly indicate the fact or information on which it is based
5) Statement must be recognisable as an opinion – ie ‘in my opinion’

What is absolute privilege?

a complete defence to defamation, applying in limited contexts such as court and parliamentary proceedings, where free speech is so vital that it protects statements regardless of falsity or malice.

What is the truth defence?

requires the publisher to prove on the balance of probabilities that the meaning, inference, or innuendo of what was published is true, a costly and uncertain defence illustrated by Vardy v Rooney, relying on strong evidence like witness testimony, recordings, documents, and official records.

What is part one of qualified privilege?

automatically protects fair and accurate reports of certain official proceedings or documents such as court proceedings and parliamentary proceedings, without any duty to offer a right of reply ( ‘without explanation or contradiction’) unless malice is proven. Protects Journalists

What is part two of qualified privilege?

protects statements only if the publisher gives the person affected ‘a reasonable letter or statement of explanation or
contradiction’ (right of reply), and the defence is defeated by malice or an unreasonable refusal of a reply. This takes place in public meetings, press conferences and certain statement given to the media.

What is qualified privilege?

protects fair, accurate, non-malicious reports on matters of public interest, as set out in Schedule 1 of the Defamation Act 1996.

What does qualified privilege protect?

Protects accurate reporting of official proceedings, but it disappears if you add defamatory material from outside the event or publish a defamatory reply.

What is Leave and License?

where an interviewee consents to the publication of defamatory statements about themselves, with that consent clearly evidenced in writing or on an audio or visual recording.

What is Offer of amends?

where a publisher makes a written offer to correct and apologise for a defamatory statement, pay suitable damages and costs, and if accepted or not contested, protects them unless it can be shown they knowingly published a false statement.