Mind map
Lecutre - Defamation - Defences

Mind map: Defamation defences
Map content
Lecutre - Defamation - Defences
Truth
Absolute privilege
- LegCo
- court proceedings and report
- Husband & wife
qualified privilege
- duty/interest
- common eg
- reporting a crime
- solicitor/client commnication
- employee/employer communications
- reference letters
- cf: Ming Kee
- Only communicate to those who have interest in receiving
- Do Prof's comments to SCMP attract QP defence?
- Legal/social/moral defence
- common eg
- Defeated by malice
- D x believe truth of statement / does not care (reckless indifference)
- Ho Ping Kwong v Chan (1989)
- D makes statement with improper motive (Druman)
- eg: to injure, gain some advantage
- improper motive must be dominant motive
- s14 of Defamation Ordinance
- statutory privilege for newspaper and broadcast reports of court and LegCo proceedings, public and other meetings
- D x believe truth of statement / does not care (reckless indifference)
- duty/interest
Public interest
- Reynolds v Times Newspaper (1999)
- may apply to matters of public importance
- Lord Nicholls' 10 part test in Reynolds
- Jameel (HK, 2006)
- 1. matter of public interest?
- 2. Inclusion of defamatory statement justifiable?
- held: "part of the story"
- 3. responsible journalism
- Yaqoob v Asia Times Online Ltd CFI (2008)
- Seaga v Harper PC [2009]
- Blakeney- Williams v Cathay Pacific Airways Ltd CA [2011]
- Reynolds v Times Newspaper (1999)
Honest Comment
- Cheng v Tse (2000) HKCFA
- comment on matter of public interest
- comment recognizable as comment
- based on true facts
- indicates the facts on which the comment is based
- comment could have been made by an honest person
- NOW: malice/motive irrelevant
- only question: did D honestly believe what she said/wrote?
- Joseph v Siller SC (2011)
- reduces partiulariation of facts needed for defences
- Cheng v Tse (2000) HKCFA
statutory Defences
- Defamation Ordinance, s4
- Chu v Apple Daily
- Defamation Ordinance, s4
Information
- Description
- Tort Mind Map on Lecutre - Defamation - Defences, created by yukichiu on 28/04/2014.
- Created by
- yukichiu
- Views
- 35
- Rating