10.2 Defamation

Question 1

Defamation

Answer 1

A type of tort that involves the action of damaging a persons or professionals reputation in the community through false statements.

Question 2

Defamation Elements

Answer 2

-Duty Of Care (Defendant owed a duty of care)
-Breach of Duty of care
-Causation
-Injury or loss caused

Question 3

Rights Protected by Defamation

Answer 3

-Freedom of expression
-Right to be considered of good reputation and character
-The right to have that reputation protected by placing limits on freedom and expression
-The right to a quick and effective method of resolving a dispute in defamation

Question 4

Element of Defamation
-Defamatory statements

Answer 4

A statement that lowers a persons reputation

Question 4

Element of Defamation
-Statement is untrue

Answer 4

Plaintiff must prove the statements are true

Question 5

Element of Defamation
-Statement was published by the defendant

Answer 5

Plaintiff must prove it was published by the defendant

Question 5

Element of Defamation
-Statement refers to the plaintiff

Answer 5

-Plaintiff must establish they were the person reffered to in the statement.
-Does not need to be mentioned by name

Question 6

Element of Defamation
-Publication of statements is likely to cause serious harm

Answer 6

Court will consider the scale of the publication
-Case will be dismissed if unlikely to have great effect

Question 7

Limitation of Actions

Answer 7

Defamation = 3 years
Within one year of the publication

Question 8

Defamation Defense
-Justification

Answer 8

-The statements made were substantially true

Question 9

Defamation Defense
-Contextual Truth

Answer 9

-When the defamatory statements are made in the same context as statements that are substantially true
-The truth of more serious allegations override the less serious ones, because the effect of the plaintiffs reputation is insignificant

Question 10

Defamation Defense
-Absolute privilege

Answer 10

-Immunity from being sued in certain cases
-Prove the statement was made in parliamentary bodies courts or tribunals

Question 11

Defamation Defense
-Fair Report of proceedings of public concern

Answer 11

-Legal Document by Parliament, published for the publics infomation or educational purposes
-Parliamant,Court,Governement inquity,
-Company shareholders

Question 11

Defamation Defense
-Publication of public documents

Answer 11

-Fair copy or extract of government document
-Only established for public or educational persons

Question 12

Defamation Defense
-Public Interest

Answer 12

-Public interest of matters
-Defendant must believe the publication was in the publics interest
-Provided opinions are based on true facts not malice or false facts

Question 13

Defamation Defense
-Honest Opinion

Answer 13

Defamatory statements were made in honest opinion
-Matter of public material based on proper material

Question 14

Defamation Defense
-Innocent Decumulation

Answer 14

-Protects people who unknowingly distribute defamatory infomation not knowing the publication had defamatory infomation
-No obligation was made to check the statements
-Didn’t create but spread the infomation unknowingly

Question 15

Remedy
-Injunction

Answer 15

An order requiring the defendant to do or not do something.
-Non financial remedy