The question whether 'any harm' in s 33 of the Defamation Act 2005 includes hurt feelings and distress, or is confined to harm to reputation, remains unsettled. The Court identified competing considerations but declined to resolve the issue. The phrase 'circumstances of the publication' in s 33 does not include individual characteristics of the plaintiff unknown to the defendant at the time of publication. Where a defamatory statement involves a matter of opinion on which views might fairly differ, the plaintiff cannot establish the defendant's knowledge of falsity merely by showing the plaintiff held the contrary view.
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