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 of what happens inside , court and parliamentary proceedings, where free speech is so vital that it protects statements regardless of malice.

Protects journalists reporting proceedings as long as it is fair, accurate and reported contemporaneously.

What is the truth defence?

requires 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 reports of necessary communications about proceedings outside the formal forum. Fails if malice is proven but no need for right of reply

What is part two of qualified privilege?

protects statements only if the publisher gives the person affected a right of reply. This takes place in public meetings, press conferences and certain statement given to the media. It is defeated by malice.

What does qualified privilege protect?

statements made where there is a public interest in the info being shared. Reportings need to be fair, accurate, on a matter of public interest and published without malice

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.