Defamation Law: Qualified Privilege

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?

Reynold's privilege (A) Signup and view all the answers

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

Not limited to any specific type of cases (B) Signup and view all the answers

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

To balance the freedom of speech with the protection of reputation (D) Signup and view all the answers

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

The source of the information (D) Signup and view all the answers

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

If the comments were published with malice (C) Signup and view all the answers

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

The comments must be based on facts proven to be true (D) Signup and view all the answers

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

A court reporter's article about a trial (C) Signup and view all the answers

What is a characteristic of a fair comment?

It must be based on facts proven to be true (D) 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?

Whether the matter was urgent and required immediate attention (D) Signup and view all the answers

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

A statement made in a police report (C) Signup and view all the answers

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

The publication of the words with malice (D) Signup and view all the answers

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

A statement made by a person who has an interest or duty to publish the words (B) Signup and view all the answers

What is the difference between absolute privilege and qualified privilege?

Absolute privilege is not affected by malice, while qualified privilege is affected by malice (A) Signup and view all the answers

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

A employee authors a letter of complaint regarding the poor conduct of a supervisor and delivers it to the supervisor's superiors (D) Signup and view all the answers

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

The publication of the words to a person who has a corresponding interest or duty to receive them (A) Signup and view all the answers