The Defamation Act does not condition civil liability for defamation upon
requirements pertaining to the defendant’s state of mind.99 Although the Act
recognizes a good faith defense, the defendant bears the burden of
establishing it,100 i.e., bad faith is not an element of the tort. Furthermore,
the defense is only applicable to concrete, enumerated circumstances.101 If
none of them exists, and the accuracy of the publication is not demonstrated
as well, the publisher is likely to be held liable even if he acted with good
faith.102 In this matter, the courts have followed the legislative policy and
refrained from setting state of mind requirements judicially.103