Qualified privilege
There is a public interest defence called
qualified privilege. This is useful not only if
the publisher/broadcaster cannot prove the
allegation is true but also where the
allegation is false. However, to succeed the
publisher / broadcaster must show that it
had a duty to publish the information and
the recipient had a reciprocal duty or
interest to receive it. In the context of the
media, journalists must show that they had
reached the court's standard of responsible
journalism. The court will take into account
all the circumstances at the time of
publication/broadcast, including: