s. 31 (2) It is a defence to the publication of defamatory matter if the defendant proves that— (a) the matter was an expression of opinion of an employee or agent of the defendant rather than a statement of fact; and (b) the opinion related to a matter of public interest; and (c) the opinion is based on proper material. (3) It is a defence to the publication of defamatory matter if the defendant proves that— (a) the matter was an expression of opinion of a person (the other than the commentator), defendant or an employee or agent of the defendant, rather than a statement of fact; and (b) the opinion related to a matter of public interest; and (c) the opinion is based on proper material. (4) A defence established under this section is defeated if, and only if, the plaintiff proves that— (a) in the case of a defence under subsection (1)—the opinion was not honestly held by the defendant at the time the defamatory matter was published; or (b) in the case of a defence under subsection (2)—the defendant did not believe that the opinion was honestly held by the employee or agent at the time the defamatory matter was published; or (c) in the case of a defence under subsection (3)—the defendant had reasonable grounds to believe that the opinion was not honestly held by the commentator at the time the defamatory matter was published.
(2) It is a defence to the publication of defamatory matter if the defendant proves that— (a) the matter was an expression of opinion of an employee or agent of the defendant rather than a statement of fact; and (b) the opinion related to a matter of public interest; and (c) the opinion is based on proper material. (3) It is a defence to the publication of defamatory matter if the defendant proves that— (a) the matter was an expression of opinion of a person (the commentator), other than the defendant or an employee or agent of the defendant, rather than a statement of fact; and (b) the opinion related to a matter of public interest; and (c) the opinion is based on proper material. (4) A defence established under this section is defeated if, and only if, the plaintiff proves that— (a) in the case of a defence under subsection (1)—the opinion was not honestly held by the defendant at the time the defamatory matter was published; or s. 31 (b) in the case of a defence under subsection (2)—the defendant did not believe that the opinion was honestly held by the employee or agent at the time the defamatory matter was published; or (c) in the case of a defence under subsection (3)—the defendant had reasonable grounds to believe that the opinion was not honestly held by the commentator at the time the defamatory matter was published.