Defamation & Family Law Flashcards
Defamation
A person publishes defamatory matter, to a third-party, relating to the plaintiff.
Civil Law
A type of law concerned with the private relationships of a community.
Tort
A wrongful or infringing act leading to legal liability, causing harm or loss.
Standard of Proof
The level of certainty to establish proof in a legal proceeding.
Balance of Possibilities
If something is more or less likely to occur.
Burden of Proof
The duty of proving disputed assertion or change.
Plaintiff
A party who initiates a lawsuit before a court.
Defendant
A party who is being sued or accused in a court of law.
Damages
A sum of money to compensate for something that has been lost or damaged.
Injunction
An authoritative warning or order.
What must the plaintiff prove?
- The matter conveys a defamatory imputation
- The matter refers to the plaintiff
- The matter has been exposed to a third-party
What makes an imputation defamatory?
- The plaintiff’s reputation is lowered
- The plaintiff is likely to be injured in their business/profession/trade
- The plaintiff is exposed to ridicule
The onus is on the…
Plaintiff
The Ordinary Reasonable Person Test
A test to prove or disprove if a statement is defamatory (the context must be taken accounted for).
Causes of an Imputation
An imputation can injure a person’s reputation inducing others to shun, avoid, ridicule, or despise someone else.
If the plaintiff’s reputation is not injured, they can still file for defamation, if:
- An imputation paces the plaintiff in ridiculous light
- A person is socially embarrassed
- An imputation suggests false information
The defence of innocent dissemination
(Section 32 of The Defamation Act (QLD)) is available to subordinate distributor who can prove that they did not know that the information being published was defamatory and was not in any way negligent in the defamatory material/s.
