Defences in An Action for Defamation

Abstract

The right to freedom of speech or expression is guaranteed by several international human rights treaties and national laws. The implication of this is that everyone has a legal right to freely express his or her opinions and feelings. However, there exist certain restrictions which the law places on the right to freedom of expression. This right may be restricted where its exercise would adversely affect the reputation of others. Thus, the laws of many countries impose civil and in some cases, criminal liability on persons who make statements which harm or defame the character of other persons. In such countries, a person's liability for defamation may be invoked through the initiation of an action in a court of law, either in Tort or Criminal Law. This paper discusses, in detail, the defences available to a person who has been sued or charged for the defamation of character. It evaluates the statutory provisions and case law on these defences in different jurisdictions.