DEFAMATION

Question 1

WHAT IS DEFAMATION?

Answer 1

an area of civil law that aims to protect a plaintiff from having their reputation damaged

Question 2

RIGHTS PROTECTED BY THE LAW (DEFAMATION)

Answer 2

personal reputation, professional reputation and business reputation.

Question 3

ELEMENTS OF DEFAMATION?

Answer 3

1. matter is defamatory
2. matter is false
3. matter is about the plaintiff
4. been published to a third party
5. matter is the caused serious harm

Question 4

POSSIBLE DEFENCES OF DEFAMATION:

Answer 4

justification( can be raised when it is true) contextual truth( does not damage the plaintiff reputation when read in context), honest opinion( when the statement was an opinion) absolute priviledge( when statements were made in situations where communication is immune to defamation law such as parliament) qualified privilege( when the defendant believed it was in interest of the public)

Question 5

LIMITATION OF ACTIONS FOR DEFAMATION:

Answer 5

plaintiffs have one year to claim a defamation

Question 6

POSSIBLE REMEDIES OF DEFAMATION:

Answer 6

mandatory injunction: forces parties to do something
restrictive injunction: prevents parties from doing something

Question 7

IMPACT ON DEFAMATION? (PLAINTIFF AND DEFENDANT)

Answer 7

plaintiff: emotional impact (stress), unemployment
defamation: costs, public humiliation