Open AccessIn Fact, It's a Matter of Opinion: Determining a Distinction Between Fact and Opinion within the New Zealand Defence of Honest Opinion
Author(s) -
Wendy J. Riseley
Publication year - 2014
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v45i1.4963
Subject(s) - clarity , dissenting opinion , consistency (knowledge bases) , predictability , political science , law , public opinion , politics , computer science , biochemistry , chemistry , physics , quantum mechanics , artificial intelligence
This article discusses the distinction between fact and opinion within the defence of honest opinion. It is argued that the classic legal tests for determining that distinction are largely unhelpful and produce unpredictable results, which trigger a chilling effect on speech. This article advocates for an adaptation of the four-factor totality of circumstances test, established in Ollman v Evans, to be inserted into the Defamation Act 1992. This would provide more clarity, consistency and predictability for the defence of honest opinion in New Zealand, thereby better supporting freedom of expression under s 14 of the New Zealand Bill of Rights Act 1990.