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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 ...
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 Duke of Sussex has lost a bid to have The Mail on Sunday publisher’s defence to his High Court libel claim thrown out by a judge. Harry, 39, is suing Associated Newspapers Limited (ANL) over ...
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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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 ...