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DEFAMATION ACT 1901 NO 22 - SECT 6 Truth no defence unless public benefit

This legislation has been repealed.

DEFAMATION ACT 1901 NO 22 - SECT 6

Truth no defence unless public benefit

    (1)     In any action for defamation, whether oral or otherwise, the truth of the matters charged shall not amount to a defence to such action unless it was for the public benefit that the said matters should be published.

    (2)     Where the truth of the said matters is relied upon as a defence to such action, it shall be necessary for the defendant in his defence to allege that it was for the public benefit that the said matters should be published, and the particular fact or facts by reason whereof it was for the public benefit that they should be published.

    (3)     Unless the said allegation is made out to the satisfaction of the court or jury as well as the truth of the said matters, the plaintiff shall be entitled to recover a verdict with such damages as the court or jury thinks proper.