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What is justification in defamation cases?
What is justification in defamation cases?
Justification is a defence in defamation cases based on proving the truth of the statement.
What must the defendant prove for justification to be accepted as a defence?
What must the defendant prove for justification to be accepted as a defence?
The defendant must prove the statement is true in both substance and fact, or substantially true.
In what types of pieces is justification often the only plausible defence?
In what types of pieces is justification often the only plausible defence?
Justification is often the only plausible defence in factual pieces.
What evidence must the defendant have to support the plea of justification?
What evidence must the defendant have to support the plea of justification?
What standard of proof must the defendant meet to satisfy the jury that the published statement is true?
What standard of proof must the defendant meet to satisfy the jury that the published statement is true?
Who decides whether a statement is capable of bearing the defamatory meaning?
Who decides whether a statement is capable of bearing the defamatory meaning?
Can the defendant plead belief in a defamatory statement based on rumors elsewhere?
Can the defendant plead belief in a defamatory statement based on rumors elsewhere?
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Study Notes
- Justification is a defence in defamation cases based on proving the truth of the statement.
- The defendant must prove the statement is true in both substance and fact, or substantially true.
- Justification is often the only plausible defence in factual pieces.
- The defendant must have reasonable evidence to support the plea of justification.
- The defendant must adduce enough evidence to satisfy the jury on the balance of probabilities that the published statement is true.
- The judge decides whether the statement is capable of bearing the defamatory meaning.
- The defendant cannot plead belief in a defamatory statement based on rumours elsewhere.
- The defendant must prove the words used were true in substance and in fact.
- Partial justification can be used if the defendant cannot prove the truth of all allegations.
- Unjustifiable allegations may require the defendant to pay damages to the claimant.
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