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defamation

EternalHope · 2016-02-19 17:40:41

Purely hypothetical. if someone sues for defamation which side has the onus of proof?The defendant must prove it is true or the claimant must prove it is false?

19-02-2016 5:40pm

#1

EternalHope

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Purely hypothetical. if someone sues for defamation which side has the onus of proof?The defendant must prove it is true or the claimant must prove it is false?

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Comments

#2 19-02-2016 5:45pm

hullaballoo

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Defendant has to prove it's true if relying on that particular defence, but there are other defences available under the Defamation Act 2009.

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#3 19-02-2016 6:32pm

Mr. Incognito

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The Plaintiff have to prove that it was communicated and that communication lowered their reputation.

Once that is proved the Defendant has to invoke one of the allowable grounds such as truth, privilege etc or they are liable if they available.

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