Cap. 579 ст. 4Defences. Truth. Honest opinion.

(1) (a) It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statements complained of is substantially true.

(b) Where the statements complained of convey two or more distinct imputations, if one or more of the imputations is not shown to be substantially true, the defence under this article does not fail if, having regard to the imputations which are shown to be substantially true, the imputations which are not shown to be substantially true do not seriously harm the claimant’s reputation.

(2) It is a defence to an action for defamation for the defendant to show that all the following conditions are met:

(a) the statement complained of was a statement of opinion;

(b) the statement complained of indicated, whether in general or specific terms, the basis of the opinion;

(c) that an honest person could have held the opinion on the basis of -

(i) any fact which existed at the time the statement complained of was published; or

(ii) anything asserted to be a fact in a privileged statement published before the statement complained of.

(3) The defence referred to in sub-article (2) is defeated if the claimant shows that the defendant did not hold the opinion:

Provided that this sub-article shall not apply in a case where the statement complained of was published by the defendant but made by another person ("the author"); and in such a case the defence is defeated if the claimant shows that the defendant knew or ought to have known that the author did not hold the opinion.

(4) For the purposes of sub-article (2) a statement is a "privileged statement" if the person responsible for its publication can prove in his defence that -

(a) the publication is on a matter of public interest which has already been given publicity in a manner accessible to a large audience on an established medium; or

(b) the publication is a peer-reviewed statement in a scientific or academic journal; or

(c) the publication is a report of court proceedings protected by absolute privilege in terms of article 7.

(5) The defences referred to in sub-articles (1) and (2) shall only apply where the person aggrieved is a public figure, such as when the said person:

(a) is a public officer or servant or an officer or servant of a body established by law or of a body in which the Government of Malta has a controlling interest; or

(b) is a candidate for a public office and the facts attributed to him refer to his honesty, ability or competency to fill that office; or

(c) habitually exercises a profession, art or trade, and the facts attributed to him refer to the exercise of such profession, art or trade; or

(d) takes an active part in politics and the facts attributed to him refer to his so taking part in politics; or

(e) occupies a position of trust in a matter of general public interest:

Provided that the truth of the matters charged may not be enquired into if such matters refer to the private life of the plaintiff and the facts alleged have no significant bearing on the exercise of the plaintiff’s public functions, office, profession or trade:

Provided further that, notwithstanding the provisions of this sub-article, the defences referred to in sub-articles (1) and

(2) may be raised where the matter referred to is a matter of general public interest or where the person aggrieved, although not being a public figure is involved in matters of public interest or where after giving due consideration to all the circumstances of the claim the Court is satisfied that the raising of the said defences is necessary in the interests of the proper administration of justice.

(6) Subject to the other provisions of this article, in any action for defamation under this Act, the defendant shall be entitled to plead in defence any cause for mitigation of damages as well as any plea which, if acceded to, would lead to the dismissal of the action and the defendant may submit pleas that the publication is not defamatory and that the facts as stated are true and, or that any opinion expressed is an honest opinion. The submission of one such plea does not automatically exclude the other.