Part 2 Defences

Truth

8 Truth

(1)

In proceedings for defamation, the defence known before the commencement of this Act as the defence of justification shall, after the commencement of this Act, be known as the defence of truth.

(2)

In proceedings for defamation based on only some of the matter contained in a publication, the defendant may allege and prove any facts contained in the whole of the publication.

(3)

In proceedings for defamation, a defence of truth shall succeed if—

(a)

the defendant proves that the imputations contained in the matter that is the subject of the proceedings were true, or not materially different from the truth; or

(b)

where the proceedings are based on all or any of the matter contained in a publication, the defendant proves that the publication taken as a whole was in substance true, or was in substance not materially different from the truth.

Compare: 1954 No 46 s 7