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3 Cards in this Set
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Defamation Act 2013 s3 |
The statement must be an opinion rather than an imputation of fact. The statement must indicate the facts on which it is based. An honest person could have held the opinion on either the basis of facts that existed at the time the statement complained of was published or on the basis of anything asserted as a fact in a privileged statement published before the statement complained of was published. Where the defendant publishes a statement of opinion made by another, the test of liability is whether the defendant knew or ought to have know that the author did not hold the opinion. |
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Joseph v Spiller |
A fair balance must be struck between allowing a critic the freedom to express himself as he will and requiring him to identify to his readers why it is that he is making the criticism. |
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Cheng v Tse Wai Chun |
the presence of ulterior motives is not a reason for excluding the defence of fair comment |
