A defamatory imputation that a person is a murder suspect can be justified by proving that the person was in fact suspected on reasonable grounds, without proving guilt. The defence of extended qualified privilege under Lange does not protect references to a person's involvement in a murder investigation where that reference is not relevant or germane to the political matter being discussed. The common law defence of fair and accurate report of court proceedings applies to internet publications where the statutory defence (s 6 Civil Liability Act 1936 (SA) as in force at the relevant date) does not extend to internet publications. Hearsay evidence is not admissible to prove the underlying facts constituting reasonable grounds for suspicion in a justification defence.
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