A strong system of legal defences which can be used against a defamation claim is essential if defamation laws are not to unreasonably restrict the free flow of information and ideas. There are five particularly important defences against claims of defamation which are drawn from international and comparative law.
DEFENCE OF THE TRUTH - BURDEN OF PROOF
Proof of truth should be a complete defence to an allegation of defamation. The law of defamation should serve to protect individuals against unwarranted attacks on their reputation, rather than to protect their honour regardless of whether their good reputation is deserved. At the same time, an individual confronted with truthful revelations about his or her private life may have a separate claim for invasion of privacy.
