?
Which of the following sets of defences available in an action for defamation?
Answer & Solution
Correct Answer:
Option
C
Option C: Privilege, truth, fair comment
In an action for defamation, the following set of defenses are available:
Privilege: This defense applies when the statement is made in a protected context, such as during a court proceeding or in a legislative session. It allows individuals to make statements without the fear of defamation claims.
Truth: If the statement is true, it is a valid defense against a defamation claim. The truth provides a strong shield against allegations of defamation, as a statement that can be proven true cannot be considered defamatory.
Fair Comment: This defense allows individuals to express their opinions, criticisms, or comments on matters of public interest. For the defense to apply, the comment must be based on facts, relate to a matter of public interest, and be recognizable as an opinion rather than a statement of fact.
Option A: Truth, privilege, mistake
This option is incorrect. While truth and privilege are valid defenses, "mistake" is not typically considered a defense in an action for defamation.
Option B: Privilege, mistake, fair comment
This option is incorrect. While privilege and fair comment are valid defenses, "mistake" is not typically considered a defense in an action for defamation.
Option D: Truth, mistake, fair comment
This option is incorrect. While truth and fair comment are valid defenses, "mistake" is not typically considered a defense in an action for defamation.
The correct answer is Option C: Privilege, truth, fair comment, as these are the sets of defenses available in an action for defamation.
In an action for defamation, the following set of defenses are available:
Privilege: This defense applies when the statement is made in a protected context, such as during a court proceeding or in a legislative session. It allows individuals to make statements without the fear of defamation claims.
Truth: If the statement is true, it is a valid defense against a defamation claim. The truth provides a strong shield against allegations of defamation, as a statement that can be proven true cannot be considered defamatory.
Fair Comment: This defense allows individuals to express their opinions, criticisms, or comments on matters of public interest. For the defense to apply, the comment must be based on facts, relate to a matter of public interest, and be recognizable as an opinion rather than a statement of fact.
Option A: Truth, privilege, mistake
This option is incorrect. While truth and privilege are valid defenses, "mistake" is not typically considered a defense in an action for defamation.
Option B: Privilege, mistake, fair comment
This option is incorrect. While privilege and fair comment are valid defenses, "mistake" is not typically considered a defense in an action for defamation.
Option D: Truth, mistake, fair comment
This option is incorrect. While truth and fair comment are valid defenses, "mistake" is not typically considered a defense in an action for defamation.
The correct answer is Option C: Privilege, truth, fair comment, as these are the sets of defenses available in an action for defamation.
Join the Discussion
Login to post a comment or share your explanation.
LoginDefences to Defamation are
1. Justification or truth
2. Fair comment
3. Privilege
Mistake certainly is not a defence. Therefore, correct answer should be C and not D. please reconsider your answer.
Regards
Tilak Singh V
tilaksinghv@gmail.com