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Section 168: When good faith defense fails in defamation cases

168.Good faith defined

A publication of defamatory matter shall not be deemed to have been made in good faith by a person, within the meaning of section 167, if it is made to appear either—

(a)that the matter was untrue and that he or she did not believe it to be true;

(b)that the matter was untrue and that he or she published it without having taken reasonable care to ascertain whether the matter was true or false; or

(c)that in publishing the matter, he or she acted with intent to injure the person defamed in a substantially greater degree or substantially otherwise than was reasonably necessary for the interest of the public or for the protection of the private right or interest in respect of which he or she claims to be privileged.

Plain English Summary

A person accused of defamation cannot rely on the defense of good faith if they knew the material was false or did not believe it was true. You also l...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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