Defamation A written or oral statement that injures a persons good reputation The tort of defamation Protects people from unjustified attacks on their good name Traditionally there were two types ID: 535078
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Slide1
Tort law: DefamationSlide2
DefamationA written or oral statement that injures a person’s good reputationSlide3
The tort of defamation
Protects people from unjustified attacks on their good name.
Traditionally there were two types:
Libel:
permanent damage to someone’s reputation
Slander:
defamation in a transient (non-permanent) form
The
Defamation Act (2005)
(Vic.) abolished
the distinctionSlide4
3 criteriaPublication
Identification
Harm
These elements must be present in order for defamation to have occurred. Slide5
PublicationA comment is only considered to be defamatory if it is
published
A comment is only considered to be published if it is communicated to at least one other person besides the person being defamed.Slide6
IdentificationThe plaintiff must be
identified
in the defamatory statement.
This does not necessarily mean
naming
the plaintiff. If a reasonable person would have connected the statement to the plaintiff– this can be considered to be identification. Slide7
HarmDefamatory comments can cause
harm
-
lowered reputation
- loss of earnings/opportunities
- exposure to ridicule/
judgement
/avoidance
Even if the defendant did not
intend
to cause harm– if the plaintiff suffered, there may be grounds for defamation Slide8
Civil remedyDamages: to compensate for the harm caused
Injunction: an order from the court to prevent a statement from being published. Slide9
Case studiesPolice officer wins defamation
case:
https
://www.youtube.com/watch?v=w6-
rQ3QDw4k
Fitzgibbon launches defamation
case:
https://www.youtube.com/watch?v=
YXnc6C52tbk
Malloy loses
defamation case:
https
://www.youtube.com/watch?v
=
eg1tZ46uPK8
Alice
Springs art
dealer sues:
https://www.youtube.com/watch?v=
_mXVDR3zP6g
Beckham defiant over libel
defeat:
https://www.youtube.com/watch?v=
prl5F6CbPE4Slide10
Defences to defamation
Justification- truth
Honest opinion – reviews: music/food/film
Absolute privilege- parliament/court proceedings: (protects freedom of speech)
Qualified privilege- references/police statements