Assemble the honest-opinion elements from the publication
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From each passage the lawyer marks, record whether it is put as the defendant's opinion, the opinion of an employee or agent, or the opinion of a commentator. Record the words said to be opinion rather than fact, the matter of public interest the file relies on, and the material said to support the opinion, including whether that material is set out in the matter, notorious, accessible from a reference, link or other access point included in the matter, or otherwise apparent from the context. Record any fact the file shows about whether the opinion was honestly held at publication. Do not decide that a defence is established.
- What the lawyer must review
- The lawyer decides which of subsections (1), (2) and (3) is in issue, whether each element is proved, whether the opinion is based on proper material under subsections (5) and (6), and whether the plaintiff proves a defeating fact under subsection (4). Sections 28 and 29, and the definition of substantially true, are applied by the lawyer and are not restated here.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate the defendant's opinion, an employee or agent's opinion, and a commentator's opinion.
- For each passage, record opinion rather than fact, the matter of public interest, and the material relied on.
- Record whether that material is set out, notorious, accessible from a link or other access point, or apparent from the context.
- Leave honesty at the time of publication, substantial truth, privilege, and sections 28 and 29 to the lawyer.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.