In defamation cases, defendants have a number of ways to refute accusations of harmful, defamatory statements. The Defamation Act of 2013 (the Act) sets out the ways a defamation claim can be defended. Two of the most widely used defences are that:
- The complained of statement is true
- The complained of statement is the defendant’s honestly held opinion
As long as the requirements set out in the Act are met, these defences provide defendants with an important way to protect themselves against defamation claims.
How Can I Rely On The Truth Defence?
Truth is one of the key defences against accusations of defamation. In order to establish the truth of the statements complained of defendants will usually be required to support their case with appropriate evidence because the burden of proof usually lies with the defendant.
When it comes to defamation law, unless demonstrated otherwise, it is assumed that the statements complained of are false. Defendants therefore have to provide strong proof to prove the veracity of the claims – or in the language of the legislation – that they are ‘substantially true’. Successfully defending a defamation claim using the truth argument entails thorough fact-checking, obtaining supporting documentation, and making a strong case in court. We saw this in the widely reported libel case involving Coleen Rooney. As specialists in defamation cases Nath Solicitors is well-equipped to help you mount the most effective defence possible or to help you counter a defence of truth where appropriate.
It’s crucial to remember that the truth defence does not release defendants from their need to prove each statement’s veracity. A single false statement in a publication could make the defendant liable for defamation even if the bulk of the statements are true. For a truth defence to be effectively mounted, all statements must be carefully scrutinised.
How do I Use Honest Opinion To Defend A Defamation Claim?
Honest opinion (previously the defence of fair comment under common law), is another important defence in defamation cases. It is set out in section 3 of the Act and to avail of the defence a defendant must show:
- the statement is an opinion;
- the basis of the opinion must be indicated; and
- an honest person could have held the opinion based on any fact existing at the time of publication
If the claimant establishes that the defendant didn’t hold the opinion the defence will fail.
The defence of honest opinion is based on the subjective interpretation of the facts, as opposed to the truth (which is concerned with the veracity of statements). Whether or not a reasonable person would understand the statements as opinions rather than factual claims is the important factor to take into account. This defence promotes candid conversation on issues of public interest while defending the right to free speech.
When utilising the defence of honest opinion, defendants need to be ready to show both the evidence of their sincere belief in the statements made and the factual basis for their opinions. This frequently entails putting the opinions in the context of the larger social or political conversation and emphasising the supporting evidence for the opinions.
Challenges and Considerations
Although truth and honest opinion are strong defences in defamation cases, handling the nuances of these defences calls for careful planning and preparation. Defendants have to carefully compile evidence, evaluate the reliability of their sources, and make a strong case for the court.
Defendants also need to understand the subtleties of defamation law and the prerequisites for bringing these defences. If the strict requirements are not met, the defences may become less effective, and the defendants may become liable.
Contact Us
Our team of knowledgeable professionals is available to help if you require expert legal advice in relation to the defences of truth and honest opinion in defamation matters. With our extensive understanding of defamation law and track record of successfully managing challenging cases, we can offer you the direction and assistance you require to successfully handle legal proceedings. Whether you are a defendant facing accusations of defamation or a claimant trying to defend your reputation, our goal is always to uphold your rights and bring your case to the best possible conclusion. Please get in touch with us if you require any assistance. Contact us on 0203 983 8278 or get in touch with the firm online.
