Which defence can a publisher claim if they were unaware of ongoing proceedings?

The correct answer is the Section 3 defence. This legal provision offers a defence for publishers who can demonstrate that, at the time of publishing information regarding a person, they were unaware of any ongoing legal proceedings that could affect the publication. This defence is pivotal for media outlets, as it underscores the importance of freedom of expression and protects publishers from liability when they act without knowledge of the legal implications of content they distribute.

In this context, a publisher invoking the Section 3 defence must convincingly argue that they had no reasonable basis to anticipate that legal proceedings were occurring and that such ignorance was indeed genuine. This helps to prevent unjust penalties against publishers who are publishing in good faith without knowledge of any controversies surrounding the information they circulate.

Understanding this defence is critical for media professionals to navigate the complexities of legal responsibilities while ensuring the right to free speech is maintained.