Bloggers – this is a very succinct guide to the new defamation act which can into force on January 1. He makes some interesting points – like nobody can bring a defamation action if they do not act within a year. Honest opinion also replaces fair comment – which will protect bloggers with strong views which they can justify and the definition of public interest is widened with the courts having wider discretion. There is new defence of truth rather than justification- giving bloggers the right to show why they believe their statements are truthful. Altogether this seems good news, though the lawyer who wrote this piece seems to be looking for more complications. But he is a lawyer after all!
The Defamation Act 2013, which came into force on 1 January 2014, is a missed opportunity to provide clarity over precisely which elements are required in order to establish a claim for defamation. The courts have, over the years, made numerous attempts to define what is defamatory. But Parliament missed the opportunity this legislation provided to bring clarity to the issue.
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