Question:
Which one of the following correctly identifies the specific defences available in an action for defamation?
Which one of the following correctly identifies the specific defences available in an action for defamation?
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'Fair Comment' must be an opinion, not an assertion of fact, and must be based on true facts which are identified or commonly known.
Updated On: Jun 5, 2026
- Privilege, mistake, fair comment
- Truth, mistake, fair comment
- Privilege, truth, fair comment
- Truth, Privilege, mistake
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The Correct Option is C
Solution and Explanation
Concept:
Defamation occurs when a person publishes a statement that damages the reputation of another. The law of torts provides specific, well-defined defences that allow a defendant to avoid liability even if the statement was damaging.
Step 1: Analyzing the legal defences against defamation.
To successfully defend against a defamation suit, a defendant must prove one of the recognized legal justifications.
1.
Truth (Justification): If the statement made is factually true, it cannot be defamatory.
2.
Privilege: Statements made in certain contexts (like court proceedings or parliamentary debates) are protected to allow for free expression.
3.
Fair Comment: Expressions of opinion on matters of public interest are protected, provided they are based on established facts.
Step 2: Evaluating the provided options.
'Mistake' is not a valid defence in defamation cases, because the harm is done to the reputation regardless of whether the defendant made an honest error. equation Recognized Defences = Truth, Privilege, Fair Comment equation center Privilege, truth, fair comment center
Step 1: Analyzing the legal defences against defamation.
To successfully defend against a defamation suit, a defendant must prove one of the recognized legal justifications.
1.
Truth (Justification): If the statement made is factually true, it cannot be defamatory.
2.
Privilege: Statements made in certain contexts (like court proceedings or parliamentary debates) are protected to allow for free expression.
3.
Fair Comment: Expressions of opinion on matters of public interest are protected, provided they are based on established facts.
Step 2: Evaluating the provided options.
'Mistake' is not a valid defence in defamation cases, because the harm is done to the reputation regardless of whether the defendant made an honest error. equation Recognized Defences = Truth, Privilege, Fair Comment equation center Privilege, truth, fair comment center
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