Defamation Flashcards
What is the purpose of defamation law?
To protect reputation
What are the three types of imputation?
The natural and ordinary meaning
False innuendo
True innuendo
What are the three elements that establish imputation?
Defamatory matter
Publication
Refereable to the plaintiff
What is defamatory matter?
Determine whether the information is to make the public think less of the plaintiff
cartoons, satire and jokes may be defematory depending on context
What is referable to the plaintiff?
The defamation matter must identify the plaintiff someway. Doesn’t apply to groups. Needs to be an individual.
What is publication in relation to defamation?
The defamatory material needs to be published - this includes republications
Who can be sued for defamation?
Everyone involved.
Can an offer to make amends happen?
The publisher may make an offer to amend, if accepted resolves the issue. If refused, and it’s a reasonable offer, they have a complete defence.
What are the defences for defamation?
If the matter is true - justified.
Privilege (absolute and qualified) Absolute cannot be defeated, Qualified can be. Privilege is when the publication is more important than the person’s reputation.
How can qualified privilege be defeated?
by showing that the defendent was “actuated by malice” meaning that occassion was used for an improper purpose and being and malice being the dominant reason.
What are the ‘occassions’ that attract qualified privilege;
‘fair’ reports
publications where someone has a legal, more or social duty to publish
freedom of political communication
What does reasonableness depend on?
the extent to which the matter published is of public interest
the extent to which matter published relates to the performance
seriousness of defamation
extent to which matter published distinguishes between suspicions, allegations and proven facts
whether it was in public interest
nature of the business environment defamation operates
What is the honest opinion or fair comment?
free democracy allows everyone to hold and express opinion. It outweighs persons rights to an undamaged reputation if audience can understand the publication to be opinion and make up own minds
What needs to be proven for honest opinion/fair comment to be a successful defence?
Matter was an expression of opinion - not statement of fact
opinion related to a matter of public interest
opinion is based on proper material
What needs to be proven for honest opinion/fair comment to be a successful defence?
Matter was an expression of opinion - not statement of fact
opinion related to a matter of public interest
opinion is based on proper material
