Defamation

Question 1

What is a defamatory statement?

Answer 1

One that lowers a person’s reputation or standing in the community exposing them to ridicule, contempt or hatred

Question 2

Who is the onus on?

Answer 2

The plaintiff

Question 3

Is it necessary to prove intent?

Answer 3

No

Question 4

What are the three key principles of defamation?

Answer 4

1. was defamatory
2. published by d
3. refers of the p

Question 5

What does “published” in this context mean?

Answer 5

shared with people other than the person it refers to

Question 6

Can large companies use the law of defamation to protect their businesses?

Answer 6

No but non-profit companies and small businesses of less than 10 people can

Question 7

What can large companies do instead?

Answer 7

Launch an action of injurious falsehood

Question 8

What can a large company claim injurious falsehood for?

Answer 8

Basically anything that would be classed as defamatory which has led to significant financial loss

Question 9

What are the 9 defences to defamation?

Answer 9

1. Qualified privilege 2. honest opinion 3. innocent dissemination 4. justification 5. contextually true 6. absolute privilege 7. publication of public documents 8. fair report of proceedings of public concern 9. Triviality

Question 10

When is qualified privilege applicable?

Answer 10

Where the defendant: 1. believes the recipient of the defamatory info has a moral or legal right to know 2. acts without malice or spite 3. acts reasonably within the circumstances

Question 11

What will the court consider in determining whether a defendant’s actions were reasonable in the circumstances?

Answer 11

• the seriousness and extent of any allegations • the integrity of the source of info • the steps taken to verify the info • whether the matter is of public concern or time critical • the nature of the D’s business environment

Question 12

When is the defence of honest opinion applicable?

Answer 12

• when the defamatory is an expression of their honest opinion rather than a statement of fact •MUST be of public interest and the material must be based on proper material

Question 13

What is proper material?

Answer 13

• protects people who may unknowingly distribute defamatory info - printing companies, email servers etc

Question 14

What must d prove in order for innocent dissemination to be applicable?

Answer 14

1. published the material as a subordinate distributor or as an employer or agent of one 2. did not know - nor could be reasonably expected to know - material was defamatory

Question 15

What is a subordinate distributor?

Answer 15

Any person other than the author, primary distributor or editor of a publication

Question 16

When does the defence of justification apply?

Answer 16

When a defamation statement is substantially true

Question 17

When is the defence of absolute privilege applicable?

Answer 17

When d can prove the defamatory material was published in relation to proceedings of parliament, parliamentary bodies, court tribunals or communications between husband and wife

Question 18

When can the defence of fair report of proceedings of public concern be used?

Answer 18

• D published info on proceedings of public concern or for edu. purposes

Question 19

What is the aim of the tort of defamation?

Answer 19

to protect the character of individuals against attempts to discredit their standing in the eyes of the community