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The defense of "fair comment" in the U.S. since 1964 has largely been replaced by the ruling in New York Times Co. v. Sullivan, 376 U.S. 254 (1964).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 ...
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 ...
Perhaps the defense strategy improved a bit after the afternoon break when Blanche dug into Cohen’s motive to get help with reducing his federal prison sentence when he began cooperating with ...
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.
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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 ...
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Honest opinion: It is a defence for defamation, to show the statement complained of was a statement of opinion; that it indicated, in general or specific terms, the basis of the opinion; that an honest person could have held the opinion on any fact which existed when the statement was published, including any fact in a privileged statement that ...