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	<title>Comments on: Welcome Message</title>
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		<title>By: Researching</title>
		<link>http://bajan.wordpress.com/welcome-message/#comment-99</link>
		<dc:creator>Researching</dc:creator>
		<pubDate>Wed, 18 Apr 2007 20:01:22 +0000</pubDate>
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		<description>Hi David:

I am not a lawyer, but you can read the following:

1.  Section 6 provides the first defence  where &quot;the person defamed was not likely to sufer harm to his reputation&quot;.

2.  Section 7 provides the second defence called the &quot;defence of truth.&quot;  It is to be used if it is proved to be true and if it does not materially injure the plaintiff&#039;s reputation.

3.  Section 8 provides the defence of fair comment on matters of public interest.

The first schedule then provides a list of categories of reports and statements that are protected unless the publication was motivated by malice.

Therefore if you are providing fair and balanced comment, not materially injuring a person&#039;s reputation, and can prove what you are reporting, then all should be well.  However, you should read the act for yourself and then be guided by a competent legal opinion on the act, specifically the definition of &quot;materially&quot;.

Regards.</description>
		<content:encoded><![CDATA[<p>Hi David:</p>
<p>I am not a lawyer, but you can read the following:</p>
<p>1.  Section 6 provides the first defence  where &#8220;the person defamed was not likely to sufer harm to his reputation&#8221;.</p>
<p>2.  Section 7 provides the second defence called the &#8220;defence of truth.&#8221;  It is to be used if it is proved to be true and if it does not materially injure the plaintiff&#8217;s reputation.</p>
<p>3.  Section 8 provides the defence of fair comment on matters of public interest.</p>
<p>The first schedule then provides a list of categories of reports and statements that are protected unless the publication was motivated by malice.</p>
<p>Therefore if you are providing fair and balanced comment, not materially injuring a person&#8217;s reputation, and can prove what you are reporting, then all should be well.  However, you should read the act for yourself and then be guided by a competent legal opinion on the act, specifically the definition of &#8220;materially&#8221;.</p>
<p>Regards.</p>
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	<item>
		<title>By: David</title>
		<link>http://bajan.wordpress.com/welcome-message/#comment-95</link>
		<dc:creator>David</dc:creator>
		<pubDate>Wed, 18 Apr 2007 08:43:06 +0000</pubDate>
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		<description>Hi Researching

I am no lawyer but try as I might the wording of the Defamation Act 1999 may be new but the language looks old to me. Maybe a lawyer can shed some light. I have uploaded the &lt;a href=&quot;http://bajan.files.wordpress.com/2007/04/cap199.pdf&quot; rel=&quot;nofollow&quot;&gt;&lt;strong&gt;Act&lt;/strong&gt;&lt;/a&gt; for information.

David</description>
		<content:encoded><![CDATA[<p>Hi Researching</p>
<p>I am no lawyer but try as I might the wording of the Defamation Act 1999 may be new but the language looks old to me. Maybe a lawyer can shed some light. I have uploaded the <a href="http://bajan.files.wordpress.com/2007/04/cap199.pdf" rel="nofollow"><strong>Act</strong></a> for information.</p>
<p>David</p>
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	<item>
		<title>By: Researching</title>
		<link>http://bajan.wordpress.com/welcome-message/#comment-84</link>
		<dc:creator>Researching</dc:creator>
		<pubDate>Tue, 17 Apr 2007 16:28:27 +0000</pubDate>
		<guid isPermaLink="false">http://bajan.wordpress.com/welcome-message/#comment-84</guid>
		<description>Hi BU:

We do not have any &quot;very old&quot; slander laws in Barbados.

The Defamation Act was proclaimed in 1996 and it provides what appear to be adequate defences against accusations of slander or defamation.  It is also a relatively easy read.

The problem may be that too many publishers are advised to settle out of court rather than use the defence provisions of the act.

I am not disputing other consequences of speaking &quot;out&quot;; but let us stop blaming “old slander laws”.  I would recommend that you obtain a copy of the document from the Government Printery, read it, and stay within the protection of the law.

Regards,
Researching</description>
		<content:encoded><![CDATA[<p>Hi BU:</p>
<p>We do not have any &#8220;very old&#8221; slander laws in Barbados.</p>
<p>The Defamation Act was proclaimed in 1996 and it provides what appear to be adequate defences against accusations of slander or defamation.  It is also a relatively easy read.</p>
<p>The problem may be that too many publishers are advised to settle out of court rather than use the defence provisions of the act.</p>
<p>I am not disputing other consequences of speaking &#8220;out&#8221;; but let us stop blaming “old slander laws”.  I would recommend that you obtain a copy of the document from the Government Printery, read it, and stay within the protection of the law.</p>
<p>Regards,<br />
Researching</p>
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