Burden of proof on the defendantIn the common law of libel, the claimant has the burden only of proving that the statement was made by the defendant, and that it was defamatory. These things are generally relatively easy to prove. The claimant is not required to prove that the statement was false. Instead, proving the truth of the statement is an affirmative defence available to the defendant.
Because proving the truth or falsity of the statement is often extremely difficult (and the defendant does not generally have the ability to force the claimant to disclose materials that might help prove it[[url=https://en.wikipedia.org/wiki/Wikipediaitation_needed]citation needed[/url]]) it is frequently said that the "burden of proof" in English defamation law falls upon the defendant.
KUALA LUMPUR: A High Court here ordered Perkasa, New Straits Times and Utusan Melayu to pay Penang Chief Minister Lim Guan Eng (pic) RM550,000 in damages pertaining to an article over a dinner which Lim attended in Singapore in 2011.
Justice Nor Bee Ariffin awarded Lim general and aggravated damages after Lim succeeded in proving the three elements - article was defamatory, it was referred to him and the media statement on his visit to Singapore was transmitted to the third party.
She ruled that there were no justification or fair comment and qualified priviledge in the defendants' defence.
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发表于 20-6-2017 11:19 AM
itation_needed]citation needed[/url]]) it is frequently said that the "burden of proof" in English defamation law falls upon the defendant.
嗯，以前是老马厉害，现在是河马厉害.......gif)
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