Question

Which of the following sets correctly identifies the specific defences available in an action for defamation? A. Truth, mistake, fair comment B. Truth, privileges, mistake C. Truth, fair comment, privileges D. Mistake, fair comment, privileges. Choose the correct answer from the options given below:

• A. A and B only
• B. B only
• C. C only
• D. C and D only

Hint:

The main defences to defamation are truth, fair comment and privilege.

Answer 1

The Correct Option is C

Concept: Defamation means publication of a false statement that harms the reputation of another person. Certain defences are available against an action for defamation.

Step 1: Understand truth as a defence.
Truth or justification is a defence because a true statement generally cannot form the basis of defamation liability. \[ \text{Truth} = \text{Defence} \]

Step 2: Understand fair comment.
Fair comment on a matter of public interest is also a defence, provided it is honestly made and based on facts. \[ \text{Fair comment} = \text{Defence} \]

Step 3: Understand privilege.
Privilege may be absolute or qualified. It protects statements made on certain occasions. \[ \text{Privilege} = \text{Defence} \]

Step 4: Reject mistake.
Mistake is not generally a specific defence to defamation in the same way as truth, fair comment and privilege. Therefore, the correct set is C only.