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Defamation II (Defences & Remedies) - Tutorial

Defamation II (Defences & Remedies) - Tutorial -...

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NGEE ANN POLYTECHNIC MEDIA LAW: DEFAMATION II TUTORIAL Answer the following questions in terms of the sort of defences and remedies that may be available in relation to the law of defamation. 1. In using the defence of justification, what does not constitute truth? 2. What is the basis of the defence of fair comment? What must a defendant show to prove fair comment? 3. Explain the rationale behind the defence of qualified privilege. What are the situations recognized by the law as being privileged? 4. Who has the burden of proving malice and what must be proved? 5. How may a defendant offer to make amends to a plaintiff for defaming him? 6. How do the courts assess damages and what factors may be taken into consideration in doing so? 7. Daphne sues Ronald for defamation. Ronald pleads justification on the basis that
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Unformatted text preview: what he said about Daphne was told to him by his best friend, Charles, whom Ronald claims would never lie to him. Can Ronald maintain this defence? 8. Alan is Beng’s employee. Alan is leaving Beng’s company and asks Beng to write him a character reference for a job application. Beng writes the following: “Alan is a highly intelligent and outspoken individual who is always ready with an opinion, but tends to have a short attention span and is easily distracted, and therefore doesn’t always apply himself fully to a task at hand.” If Alan should allege that Beng has defamed him, what defences are available to Beng and why? Would your answer be any different if Beng was still angry with Alan for winning the affections of Celine, a female colleague whom Beng was also trying to court?...
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