Getting your defence right from the start
A basic understanding of the law of defamation requires some knowledge of the potential defences that apply. In certain circumstances, the law provides protection in respect of otherwise defamatory publications and accordingly some knowledge of those defences is vitally important
A number of defences to claims for defamation are contained in the Defamation Act 2005. However, it is expressly provided in the legislation that the Act does not limit or restrict other defences or exclusions of liability.
Statutory defences
- Justification – (s 25)
- Contextual truth – (s 26)
- Absolute privilege – (s 27)
- Publication of public documents – (s 28)
- Fair report of proceedings of public concern – (s 29)
- Qualified privilege for provision of certain information –(s 30)
- Honest opinion – (s 31)
- Innocent dissemination – (s 32)
- Triviality – (s 33)
Liability limited by a scheme approved under Professional Standards Legislation.