defamation Flashcards
Sim
A statement which may tend to lower the P in the estimation of right thinking members of society
Lewis
if implies crime has been committed likely to be defamatory
Quinn
homosexuality no longer defamatory as seen in Hadlee
Loutchansky
accused of committing a crime
Wilson
Called a liar - lost work
Massey
Public figures must be more robust
Awa
Courts will look through eyes of ordinary person - not specific group
Columbus
suggestion of incompetence in work or trade
Sellman
If claim causes less than minor harm - defeated
Slater
Active Lie
Cook
Loss of commercial
London Express
whether a reasonable, ordinary person could make connection
Keith
words need not be explicit
Hadlee
intention doesn’t matter
Beckham
chain of publication requires foreseeability
Mt Cook - third party communication
no liability for accidental publication - accessibility = communication
DEFENCE - Fairfax
the more you do to help others find info increases liability
DEFENCE - Mihaka
must be actual consent
DEFENCE - Templeton
if some true some false - allegations still liable
DEFENCE - Crush
can’t prove truth be stating a different proof to what P alleged
DEFENCE - Mitchell
facts opinion based off must be true
DEFENCE - Alexander
lawful counter punch
DEFENCE - Durie Hall
Public interest and responsible communication for defence