Chapter 5C/5D: Defamation Part 1 Flashcards
What does the tort of defamation protect?
A person’s reputation from being damaged by false statements or lies
Which types of corporations are the only ones allowed to commence defamation actions?
Excluded corporations which include non-for profit charities and companies with fewer than ten employees
For a claim in defamation to be successfully established, what elements must be proven?
- The matter conveys defamatory imputations
- The matter identifies the plaintiff as the person defamed
- The matter has been published to a third party
What are some examples of matter in a defamation claim?
Articles, advertisements, television, radio, or oral utterance
Which two questions are used to decide whether matter contains defamatory imputations?
- What meanings would the ordinary or reasonable person give to the matter?
- Would the ordinary or reasonable person think less of the plaintiff as a result?
What are examples of false imputations that are actionable in defamation?
The plaintiff has committed a crime, has been adulterous, is a hypocrite or is incompetent
In what circumstances can a defendant still be liable for defamation?
Even if they are unaware of the plaintiff’s existence or referring to a different person, as long as an ordinary or reasonable person would still identify the plaintiff
What are the laws surrounding third parties?
Defamation cannot occur unless the matter is published to at least 1 third party
What communications are exempt from publication?
Communications between spouses
What can publication include?
A defendant posting defamatory material online or re-posting defamatory articles
What does the limitations of actions outline regarding defamation?
A claim must be brought within one year of the date of publication
When can the limitations of actions for defamation be extended for up to 3 years?
If it was not reasonable for the plaintiff to have commenced action within the one-year period
What are the defences which can be used against a defamation claim?
Truth, fair comment, absolute privilege or qualified privilege
What is the defence of truth?
A complete defence tat protects the defendant where the matter they are conveying is actually true
What does substantial truth refer to?
The defendants statements were substantially true, whether or not they intended to harm the plaintiff as a result of the publication or not
When may contextual truth be raised?
The imputation does not damage the plaintiff’s reputation when read in context with other truthful imputations
What does the defence of fair comment (honest opinion) protect?
It is a complete defence which protects a statement of opinion that was honestly held by the defendant
Which elements must the defendant prove in order to use a successful fair comment defence?
- The matter was a statement of opinion
- The opinion was a matter of public interest
- The opinion was based on proper material
What do areas of public interest include?
Political matters, sport, animal welfare or activities of large corporations
When can it be stated that an opinion is baed on proper material?
If it is based on material that is substantially true, protected by absolute/qualified privilege, public documents or reports of public proceedings
