Defamation

Question 1

rights protected

Answer 1

Defamation law protects a person’s reputation from false statements. It protects the plaintiff from false statements. The two types are personal reputation and professional reputation.

Question 2

elements

Answer 2

For a claim in defamation, three elements must be proven:

1. The matter conveys defamatory imputations; meaning what was published lowered the plaintiff’s reputation
2. The matter identifies the plaintiff as a person defamed; 3. The matter has been published to a third party.

Question 3

defences

Answer 3

The defendant may raise one or more defences to avoid being held liable. Some of these defences include
Truth - where the imputations in the defamatory matter are true;
• Fair comment - is a defence that protects a statement of opinion that was honestly held by the defendant.
• Absolute privilege - where the publication of the defamatory matter is always exempt from defamation law; and,
• Qualified privilege - where the publication of the defamatory matter was driven by a legal or moral duty.

Question 4

impact

Answer 4

Claims of defamation can have a range of impacts on the parties involved, including 
Financial losses 
Reputational damage to the plaintiff
Reputational damage to the defendant
Psychological damage
Threat to free speech