Clark v Molyneux: 1877

The test of malice in a defence of qualified privilege is ‘has it been proved that the defendant did not honestly believe that what he said was true, that is, was he either aware that it was not true or indifferent to its truth or falsity.’

Brett LJ
(1877) 3 QBD 237
England and Wales
Cited by:
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .

Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 16 December 2021; Ref: scu.194524