Defamation Law: Qualified Privilege
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Questions and Answers

What are the two essential elements to satisfy for a defendant to succeed in raising the defence of Reynold's privilege?

  • The defamatory words were uttered on a matter of public interest and the defendant acted reasonably (correct)
  • The defendant acted reasonably and the public had a corresponding interest
  • The public had a corresponding interest and the defendant acted unreasonably
  • The defamatory words were uttered on a private matter and the defendant acted unreasonably
  • What is the primary requirement for a defendant to succeed in raising the defence of Reynold's privilege?

  • The defamatory words were uttered on a private matter
  • The public had no interest in receiving the defamatory words
  • The defendant acted reasonably
  • The defamatory words were uttered on a matter of public interest (correct)
  • What is the second requirement for a defendant to succeed in raising the defence of Reynold's privilege?

  • The defendant acted unreasonably
  • The defendant acted reasonably (correct)
  • The public had no interest in receiving the defamatory words
  • The defamatory words were uttered on a private matter
  • What is the 'responsible journalism test' related to?

    <p>Reynold's privilege</p> Signup and view all the answers

    What type of cases is Reynold's privilege defence limited to?

    <p>Not limited to any specific type of cases</p> Signup and view all the answers

    What is the main purpose of the Reynold's privilege defence?

    <p>To balance the freedom of speech with the protection of reputation</p> Signup and view all the answers

    What is one of the factors considered in determining whether the defendant exercised 'responsible journalism'?

    <p>The source of the information</p> Signup and view all the answers

    Under which circumstances can the defendant's defence of fair comment fail?

    <p>If the comments were published with malice</p> Signup and view all the answers

    What is a key requirement for the defence of fair comment to succeed?

    <p>The comments must be based on facts proven to be true</p> Signup and view all the answers

    What is an example of a situation where the defence of fair comment may be used?

    <p>A court reporter's article about a trial</p> Signup and view all the answers

    What is a characteristic of a fair comment?

    <p>It must be based on facts proven to be true</p> Signup and view all the answers

    What is one of the factors considered in determining whether the defendant exercised 'responsible journalism' in relation to the urgency of the matter?

    <p>Whether the matter was urgent and required immediate attention</p> Signup and view all the answers

    In which of the following situations can the defence of absolute privilege be raised?

    <p>A statement made in a police report</p> Signup and view all the answers

    What is a key factor that can lead to the failure of the defence of qualified privilege?

    <p>The publication of the words with malice</p> Signup and view all the answers

    In which of the following situations can the defence of qualified privilege be raised?

    <p>A statement made by a person who has an interest or duty to publish the words</p> Signup and view all the answers

    What is the difference between absolute privilege and qualified privilege?

    <p>Absolute privilege is not affected by malice, while qualified privilege is affected by malice</p> Signup and view all the answers

    What is an example of a situation where the defence of qualified privilege can be raised?

    <p>A employee authors a letter of complaint regarding the poor conduct of a supervisor and delivers it to the supervisor's superiors</p> Signup and view all the answers

    What is required for the defence of qualified privilege to succeed?

    <p>The publication of the words to a person who has a corresponding interest or duty to receive them</p> Signup and view all the answers

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