Defamation :)

Question 1

DEFINITION OF DEFAMATION:

Answer 1

• Defamation refers to the wrongful act of one individual who makes a defamatory and untrue statement about another, which results in damage to latter’s reputation.

Question 2

Articles???

Answer 2

Article 40.3.2 of Constitution says that every citizen has the right to A GOOD NAME

vs…..

Article 40.6.1 of Constitution says that people are allowed to FREELY EXPRESS THEIR OPINIONS in this Jurisdiction

Question 3

REPUTATION by Taylor Swift

Answer 3

Reynolds v. Times Newspaper Ltd

• THIS CASE PROVIDES DEF OF REPUTATION… It is an integral part of the dignity of the individual
• It also forms the basis of essential decisions in a democratic system… whom to employ, whom to promote, whom to do business w…

Question 4

PUBLICATION:

Answer 4

Section (?) of the Defamation Act 2009 defines publication as “publication by any means to one or more person”

• In other words, the act of sharing such statement with a third party other than the person concerning the statement will be enough for the purposes of publication.

Question 5

THREE NECESSARY ELEMENTS OF DEFAMATION CHARGE???

Answer 5

1) Defamatory Statement;

2) Concerning the Plaintiff in particular;

3) Publication to any person other the plaintiff himself or herself.

Question 6

1) DEFAMATORY STATEMENT:

Answer 6

• SECTION 2 of the Act 2009 says that it does not refer uniquely to words, it also includes pictures, sounds, gestures and the like.
• Section 2 of the Act 2009 states that a defamatory statement means A STATEMENT WHICH TENDS TO INJURE A PERSONS REPUTATION

IN
THE
EYES
OF
REASONABLE
MEMBERS
OF
SOCIETY !!!

Question 7

ALLEGATIONS THAT SOEMONE HAS COMMITTED A CRIME WILL ALWAYSSSS BE DEFAMATORY

Answer 7

Fullam v. Associated Newspaper

Question 8

CONCERNING A PERSON!!!

Answer 8

Section 10 of the act 2009 provides that when a defamatory statement is made to a class of people, it is only reason to bring a charge if through the statement the plaintiff is reasonably identified.

• Lê Fanu v. Malcolmson (= too vague to be defamatory,,, who was it even abt?)

Question 9

ARTICLE ABT CONCERNING A PERSON!!!

Answer 9

Article 6 of the Act 2006 established that a statement is defamatory towards someone if it could be easily understood to be abt her!!

Question 10

3) PUBLICATION

Answer 10

• Act provides that it is only defamation if it concerns a person who can be reasonably identified by such statement.
• It is only defamation if it was published or shared with someone else other than the P himself!