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A High Court judge has ruled that the Mail can go ahead with an honest opinion defence in a trial, which will include their claim that Prince Harry made misleading statements about offering to pay ...
Juries can be instructed, regarding fair comment, that the defence is defeated by proof that the defendant did not genuinely believe the opinion he expressed. Regarding qualified privilege, juries can be directed that the defence is defeated by proof that the defendant used the occasion for some purpose other than that for which the occasion ...
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Michael O’Hanlon, opinion contributor November 18, 2024 at 3:00 PM Whatever one thinks of current U.S. strategy for the Ukraine war — and I tend to think it has been fairly good — President ...
The honest opinion defence (formerly the fair comment defence) is sometimes known as "the critic's defence" as it is designed to protect the right of the press to state valid opinions on matters of public interest such as governmental activity, political debate, public figures and general affairs.
The defence also plead the "honest opinion" defence under section 31 of the defamation act for imputations 9(a), 9(c), and if conveyed, 9(d), 9(e), 15(a), and 15(b). The proposed justification defence for imputation 9(b) would involve impeaching or questioning in Federal Court what Mr Barilaro said in the proceedings of a committee of the ...
A member of Donald Trump’s legal team divulged the defence’s plan to “focus on the facts” to show that the former president did nothing wrong, one day before the opening arguments are set ...
Those emails both undermined the defense witness and at the same time supported the prosecution case by offering evidence that Trump was keeping a sharp personal watch on Cohen in order to ...