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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

A newspaper in Chennai publishes a fair and accurate report of proceedings in a court open to the public, and the report names a witness unfavourably. The witness sues for defamation. The newspaper's best defence is:

The newspaper's best defence is privilege. A fair and accurate report of judicial proceedings held in open court is protected, even if the matter reported is defamatory, because the public interest in open justice outweighs reputational harm, and truth need not be separately proved.

  1. AJustification by showing the witness's evidence was true
  2. BFair comment on a matter of public interest
  3. CPrivilege, as a fair and accurate report of judicial proceedingsCorrect
  4. DConsent of the witness to publication

Explanation

A fair and accurate report of court proceedings open to the public is protected by privilege, and the protection does not depend on proving the truth of the statements made in court. Justification requires proof of truth of the imputation itself, which is not the issue. Fair comment applies to opinions, not to reports of facts. No consent was given.

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