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Understanding the Honest Opinion Defence when Defending a Defamation Claim
Defamation claims can be a complex legal battleground, but understanding the core defences is crucial for anyone involved.
The Role of the Defamation Act 2013
Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. The right to comment honestly on matters has been considered the core of free speech as it permits legitimate criticism. The defence attempts to comply with the guarantee of free speech under Article 10 of the Human Rights Act 1998.
The Impact of the Internet on Public Opinion
It is worth noting that the internet has made it possible for the average person to make public comment and millions take advantage of that opportunity. Consequently, honest opinion is likely to be important to most citizens.
Conditions for the Honest Opinion Defence
Section 3 provides three conditions for the honest opinion defence to succeed. First, the statement complained of must be a statement of opinion. Second, the statement complained of must indicate, whether in general or specific terms, the basis of that opinion.
Finally, an honest person could have held the opinion based on any fact which existed at the time of publication, or anything asserted to be fact in a privileged statement published before the statement complained of.
Defeating the Honest Opinion Defence
The honest opinion defence is defeated if the claimant shows that the defendant did not hold the opinion which essentially means that the defendant acted with malice.
The Role of the Court in Defamation Cases
As stated in a previous article discussing the defence of truth, the Defamation Act 2013 abolished the presumption of a jury trial. Therefore, the court will determine whether the statement comprises of fact or opinion at a preliminary hearing.
Previously this would have been determined by a jury. Judges have previously noted that the requirement that the statement is recognisable as opinion is not straightforward and is a highly fact-sensitive process. Jurists often had difficulty in defining the difference between fact and opinion. Importantly, context is considered when determining meaning and when determining whether the statement is fact or opinion.
Expert Legal Assistance from Lawdit Solicitors
At Lawdit Solicitors, we specialize in defamation law. If you’re facing a potential defamation claim, whether as a claimant or defendant, our expert team is ready to provide the guidance and representation you need.
