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A journalist accurately describes a doctor's published policy on a matter of public interest and honestly expresses an identifiable opinion criticising that policy. In an Indian civil defamation…

Question and options

A journalist accurately describes a doctor's published policy on a matter of public interest and honestly expresses an identifiable opinion criticising that policy. In an Indian civil defamation suit, which defence fits the opinion?

  1. Fair comment

  2. Absolute privilege

  3. Justification by truth

  4. Consent of the person defamed

Answer and explanation

Correct answer: A - Fair comment

Fair comment protects an honest expression of opinion on a matter of public interest, based on facts truly stated, which is what the journalist offered on the doctor's published policy. Justification by truth answers an imputation of fact; an opinion cannot be proved true or false, so truth is not the defence for the opinion itself. Absolute privilege attaches to occasions such as judicial or parliamentary proceedings, not to journalism, and nothing in the facts shows that the doctor consented to the publication.

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