NSW Statements made to NSW Police

[Hellomyonlyfriend]

Statements made to NSW Police to get you charged with an offence, do you have a cause of action under defamation, or do they have a defence?

 

[Rod]

Depends.

In most cases no, however if the reports are false and you can prove it, then you have a chance at winning a defamation action.

Also the police can charge the person with making a false report.

 

[Hellomyonlyfriend]

Thanks Rod. Is the defence of absolute privilege?

 

[Hellomyonlyfriend]

Depends.

In most cases no, however if the reports are false and you can prove it, then you have a chance at winning a defamation action.

Also the police can charge the person with making a false report.

Thanks Rod. Is the defence of absolute privilege?

 

[Rod]

No, It will be qualified privilege.

So the defence will exist, but can be defeated by malice.

 

[Hellomyonlyfriend]

No, It will be qualified privilege.

So the defence will exist, but can be defeated by malice.

So case of Cumberland v Clark does not apply or is that bad law?

 

[Rod]

Couldn't find the case decision and can't comment.