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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 ...
The defense of "fair comment" in the U.S. since 1964 has largely been replaced by the ruling in New York Times Co. v. Sullivan, 376 U.S. 254 (1964). This case relied on the issue of actual malice , which involves the defendant making a statement known at the time to be false, or which was made with a "reckless disregard" of whether the ...
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 subsequent case of Jameel v Wall Street Journal Europe [1] affirmed the defence, which was subsequently raised successfully in several defamation proceedings. [2] [3] [4] The defence was abolished by s4(6) Defamation Act 2013, being replaced with the statutory defence of publication on a matter of public interest. [5]
A judge’s ruling in the Duke of Sussex’s phone hacking claim against the publisher of the Daily Mirror is the latest stage of his multiple High Court legal battles with newspaper publishers.
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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 ...