英美诽谤法的特殊抗辩事由研究

英美诽谤法为实现保护言论自由和尊重个人名誉的平衡,设计了诸多精细的特殊抗辩事由,包括以真实性作为完全抗辩的依据; 涉及公共利益的、基于事实的、真诚的公允评论; 法律授予特殊场合的特权抗辩( 绝对特权和受约制特权) 及制定法规定的严格责任抗辩事由。这些抗辩事由使英美法诽谤法实现了法益平衡的目的。

In order to strike a balance between the protection of freedom of speech and respect for reputation of individual, Anglo-American defamation law has designed various special defenses of great meticulousness. The defenses available in common law include justification, which is related to truth; fair comment, which involves honest opinion on matters of public interest; absolute privilege, which protects statement made in judicial proceeding and legislative process; privilege which arises where the defendant is under a duty or has an interest, either legal, moral, or social, to make communication ; ＂apology and absence of malice＂ and ＂offer of amende after an unintentional defamation＂ as provided by law. These defenses are helpful to Anglo-American defamation law to realize its aim of balance of legal interests.