Chapter 5C/5D: Defamation Part 1

Question 1

What does the tort of defamation protect?

Answer 1

A person’s reputation from being damaged by false statements or lies

Question 2

Which types of corporations are the only ones allowed to commence defamation actions?

Answer 2

Excluded corporations which include non-for profit charities and companies with fewer than ten employees

Question 3

For a claim in defamation to be successfully established, what elements must be proven?

Answer 3

• The matter conveys defamatory imputations
• The matter identifies the plaintiff as the person defamed
• The matter has been published to a third party

Question 4

What are some examples of matter in a defamation claim?

Answer 4

Articles, advertisements, television, radio, or oral utterance

Question 5

Which two questions are used to decide whether matter contains defamatory imputations?

Answer 5

• 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?

Question 6

What are examples of false imputations that are actionable in defamation?

Answer 6

The plaintiff has committed a crime, has been adulterous, is a hypocrite or is incompetent

Question 7

In what circumstances can a defendant still be liable for defamation?

Answer 7

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

Question 8

What are the laws surrounding third parties?

Answer 8

Defamation cannot occur unless the matter is published to at least 1 third party

Question 9

What communications are exempt from publication?

Answer 9

Communications between spouses

Question 10

What can publication include?

Answer 10

A defendant posting defamatory material online or re-posting defamatory articles

Question 11

What does the limitations of actions outline regarding defamation?

Answer 11

A claim must be brought within one year of the date of publication

Question 12

When can the limitations of actions for defamation be extended for up to 3 years?

Answer 12

If it was not reasonable for the plaintiff to have commenced action within the one-year period

Question 13

What are the defences which can be used against a defamation claim?

Answer 13

Truth, fair comment, absolute privilege or qualified privilege

Question 14

What is the defence of truth?

Answer 14

A complete defence tat protects the defendant where the matter they are conveying is actually true

Question 15

What does substantial truth refer to?

Answer 15

The defendants statements were substantially true, whether or not they intended to harm the plaintiff as a result of the publication or not

Question 16

When may contextual truth be raised?

Answer 16

The imputation does not damage the plaintiff’s reputation when read in context with other truthful imputations

Question 17

What does the defence of fair comment (honest opinion) protect?

Answer 17

It is a complete defence which protects a statement of opinion that was honestly held by the defendant

Question 18

Which elements must the defendant prove in order to use a successful fair comment defence?

Answer 18

• The matter was a statement of opinion
• The opinion was a matter of public interest
• The opinion was based on proper material

Question 19

What do areas of public interest include?

Answer 19

Political matters, sport, animal welfare or activities of large corporations

Question 20

When can it be stated that an opinion is baed on proper material?

Answer 20

If it is based on material that is substantially true, protected by absolute/qualified privilege, public documents or reports of public proceedings