NCTJ Court Reporting Practice Exam

What are the three requirements of the honest opinion defence to defamation?

1. Must be financially motivated, publicly shared, and probable

2. Must be the honestly held opinion, recognisable as an opinion, and based on a provably true fact

3. Must be published in a journal, subjective, and expressed angrily

4. Must be supported by expert testimony, factual, and mildly opinionated

The correct answer is: Must be the honestly held opinion, recognisable as an opinion, and based on a provably true fact

The three requirements of the honest opinion defence to defamation are that the statement must be an honestly held opinion, recognisable as an opinion, and based on a provably true fact. This means that for a defendant to successfully use this defence, they must demonstrate that their belief is sincere and genuinely held, rather than being a fabricated or false assertion. Being recognisable as an opinion is key because the law distinguishes between facts and opinions; the defence applies only to expressions that are subjective viewpoints rather than statements that assert objective truth. Lastly, the requirement that the opinion is based on a provably true fact underscores the need for a factual basis for the opinion. This establishes that there is some factual underpinning to support the subjective viewpoint, which is essential in mitigating the risk of defamation claims. In contrast, requirements focusing on financial motivations, publication in journals, or emotional expression do not align with the legal standards for establishing the honest opinion defence, as these elements do not pertain to the legitimacy or authenticity of the opinion itself.