Question

Which of the following is not a defence to the tort of Defamation ?

• A. Self-defence
• B. Truth
• C. Privilege
• D. Fair comment

Answer 1

The Correct Option is A

In the context of the tort of defamation, defenses are strategies used by the defendant to justify their actions and avoid liability. Here are the common defenses:

• Truth: If the statement made is true, it is a complete defense to defamation because defamation laws aim to protect reputations from false statements.
• Privilege: There are certain situations where statements are protected, even if they are defamatory. This includes absolute privilege (e.g., statements made in Parliament) and qualified privilege (e.g., fair reporting of court proceedings).
• Fair Comment: This defense applies to statements of opinion (not facts) related to matters of public interest, provided they are honest opinions based on true facts.

Given these defenses, self-defence is not typically relevant to defamation. Self-defense is more applicable to physical altercations or threats, not to the publication of defamatory statements. Therefore, the correct answer, which is not a defense to defamation, is self-defence.