ARTICLE · 30 JULY 2024

Defence of Honest Opinion in defamation

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This defence aims to balance the right to free speech with the need to protect individuals' reputations.

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Article Summary

The defence of honest opinion, established under the Defamation Act 2005, protects individuals who express opinions on matters of public interest. This legal protection aims to balance the right to free speech with the need to protect individuals' reputations.

Unlike the older "fair comment" defence, which required comments to be based on factual material that was substantially true, the honest opinion defence allows for broader protection by permitting opinions based on "proper material."

This encompasses a range of supporting material, including well-known facts, contextually evident information, or hyperlinks.

However, the defence is not without its challenges. Distinguishing between fact and opinion is crucial, as only opinions are protected.

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