Western Australian Current Acts Western Australian Current Acts (1) It is a defence to
the publication of defamatory matter if the defendant proves that —
(a) the
matter was an expression of opinion of the defendant rather than a statement
of fact;
(b) the
opinion related to a matter of public interest; and
(c) the
opinion is based on proper material.
(2) It is a defence to
the publication of defamatory matter if the defendant proves that —
(a) the
matter was an expression of opinion of an employee or agent of the defendant
rather than a statement of fact;
(b) the
opinion related to a matter of public interest; and
(c) the
opinion is based on proper material.
(3) It is a defence to
the publication of defamatory matter if the defendant proves that —
(a) the
matter was an expression of opinion of a person (the commentator ), other than
the defendant or an employee or agent of the defendant, rather than a
statement of fact;
(b) the
opinion related to a matter of public interest; and
(c) the
opinion is based on proper material.
(4) A defence
established under this section is defeated if, and only if, the plaintiff
proves that —
(a) in
the case of a defence under subsection (1) — the opinion was not
honestly held by the defendant at the time the defamatory matter was
published;
(b) in
the case of a defence under subsection (2) — the defendant did not
believe that the opinion was honestly held by the employee or agent at the
time the defamatory matter was published; or
(c) in
the case of a defence under subsection (3) — the defendant had
reasonable grounds to believe that the opinion was not honestly held by the
commentator at the time the defamatory matter was published.
(5) For the purposes
of this section, an opinion is based on proper material if it is based on
material that —
(a) is
substantially true;
(b) was
published on an occasion of absolute or qualified privilege (whether under
this Act or at general law); or
(c) was
published on an occasion that attracted the protection of a defence under this
section or section 28 or 29.
(6) An opinion does
not cease to be based on proper material only because some of the material on
which it is based is not proper material if the opinion might reasonably be
based on such of the material as is proper material.