1. Truth is an absolute defence, a true statement can never constitute defamation.
2. Fair and bonafide comment: A fair and bonafide comment on a matter of public interest doesn’t attract any liability, the word fair in the expression ‘fair comment’ means honest and relevant and can be called as legitimate criticism but the comment in order to be fair must be based upon true facts and expertise.
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3. Privileges: There may be circumstances where a person stands in such a relation to the facts of the case that he is justified in saying or writing what would be slanderous or libelous in case of anyone else, that person is said to have privilege and occasion on which privileges are exercised known as privileged occasion.
Privileged Occasion are of two kinds:
a) Absolute Privilege;
b) Qualified Privilege.
A statement is absolutely privilege where no action lies for it even it is false or defamatory and made with express malice. For instance, parliamentary proceedings, judicial proceedings or similar kind.
On the other hand there are qualified privilege, where no action lies upon a statement even though it is false and defamatory unless the plaintiff proves the express malice on the part of defendant. The circumstances of the case may be such as to cast on defendant, the duty of making a communication to third party, this duty may be legal, social or moral.
For instance, answering to police inquiries, character of employees, parents-teacher meetings.
