Requirement of serious harm: "A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant".
Truth: It is a defence for defamation to show the imputation in the statement complained of is substantially true. If one or more of the imputations is not true, the defence does not fail if the imputations not shown to be true, do not seriously harm the claimant’s reputation. The common law defence of justification is abolished, as such section 5 of the Defamation Act 1952 is repealed.
Honest opinion: It is a defence for defamation, to show the statement complained of was a statement of opinion; that it indicated, in general or specific terms, the basis of the opinion; that an honest person could have held the opinion on any fact which existed when the statement was published, including any fact in a privileged statement that was pre-published. The defence is defeated if the claimant shows the defendant did not hold the opinion. Opinion does not apply where the statement was published by the defendant, but made by another person (the author), and in such a case the defence is defeated if the defendant knew, or ought to have known, the author did not hold the opinion. A statement is a “privileged statement” if the person responsible for its publication could prove it was a publication on matter of public interest, or was a peer-reviewed statement in scientific or academic journal, Defamation Act 1996 reports of court proceedings protected by absolute privilege, or under other reports protected by qualified privilege. The common law defence of fair comment is abolished; as such, section 6 of the Defamation Act 1952 is repealed.
Public interest: It is a defence to show the statement complained of was, or formed part of, a matter of public interest, and a publication was reasonably believed to be in the public interest. If the statement was a part of a dispute to which the claimant was a party, the court determines whether it was in the public interest, and must disregard the defendant's omissions to verify the truth of the imputation. In determining a reasonable belief of public interest, the court must make allowance for editorial judgment. For the avoidance of doubt, the defence may be relied upon irrespective of whether it is a statement of fact or a statement of opinion. The common law defence known as the Reynolds defence is abolished.
Peer-reviewed statement in scientific or academic journal: The publication of a statement in a scientific or academic journal (whether published in electronic form or otherwise) is privileged if the statement relates to a scientific or academic matter, and, before it was published, an independent review of the statement’s merit was carried out by the journal's editor and persons with expertise in the matter concerned. Where the statement is privileged, any assessment, extract or summary of the statement’s merit is also privileged. A publication is not privileged if it is shown to be made with malice. This defence is not to be construed as protecting the publication of matter prohibited by law.
Requirement of serious harm: "A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant".Truth: It is a defence for defamation to show the imputation in the statement complained of is substantially true. If one or more of the imputations is not true, the defence does not fail if the imputations not shown to be true, do not seriously harm the claimant’s reputation. The common law defence of justification is abolished, as such section 5 of the Defamation Act 1952 is repealed.Honest opinion: It is a defence for defamation, to show the statement complained of was a statement of opinion; that it indicated, in general or specific terms, the basis of the opinion; that an honest person could have held the opinion on any fact which existed when the statement was published, including any fact in a privileged statement that was pre-published. The defence is defeated if the claimant shows the defendant did not hold the opinion. Opinion does not apply where the statement was published by the defendant, but made by another person (the author), and in such a case the defence is defeated if the defendant knew, or ought to have known, the author did not hold the opinion. A statement is a “privileged statement” if the person responsible for its publication could prove it was a publication on matter of public interest, or was a peer-reviewed statement in scientific or academic journal, Defamation Act 1996 reports of court proceedings protected by absolute privilege, or under other reports protected by qualified privilege. The common law defence of fair comment is abolished; as such, section 6 of the Defamation Act 1952 is repealed.Public interest: It is a defence to show the statement complained of was, or formed part of, a matter of public interest, and a publication was reasonably believed to be in the public interest. If the statement was a part of a dispute to which the claimant was a party, the court determines whether it was in the public interest, and must disregard the defendant's omissions to verify the truth of the imputation. In determining a reasonable belief of public interest, the court must make allowance for editorial judgment. For the avoidance of doubt, the defence may be relied upon irrespective of whether it is a statement of fact or a statement of opinion. The common law defence known as the Reynolds defence is abolished.Peer-reviewed statement in scientific or academic journal: The publication of a statement in a scientific or academic journal (whether published in electronic form or otherwise) is privileged if the statement relates to a scientific or academic matter, and, before it was published, an independent review of the statement’s merit was carried out by the journal's editor and persons with expertise in the matter concerned. Where the statement is privileged, any assessment, extract or summary of the statement’s merit is also privileged. A publication is not privileged if it is shown to be made with malice. This defence is not to be construed as protecting the publication of matter prohibited by law.
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