Defamation - Sem Test

Question 1

What is defamation?

Answer 1

Publishing maerial that damages a person or groups reputation

Question 2

What are the elements of determing defamation

Answer 2

Does P have legal standing? –> Was the material directly related to P? –> was it publish? (oral, verbal) –> Was the material actually defamatory? –> Defences –> Remedies

Question 3

What are the defences?

Answer 3

Justification (the stuff isn’t false)
Contextual truth (there’s alr bad stuff abt this person goign around so it makes sense)
Absoloutle privelege (stuff said in parli is cool)
Qualified privelege (publishers reason for publishing outweighs the actual content. i.e. employee reference, psych analysis)
Public docs (Public docs by courts or govs. i.e. Corrective notices)
Fair report (A person stating the actions of the courts and parli. I.e. they’re skimming the money from the education budget for other reasons and it’s bad)

Question 4

What are three defamation cases?

Answer 4

Queensland cabinet
Dylan Voller
Resturaunt closure

Question 5

What are the defences?

Answer 5

Implied freedom of political communication
Honest opinion (fair comment)
Innocent dissemination (not knowing that the stuff was defamatory bc you’re a truck dirver or whatever)
Triavility (it wasn’t likely to harm P. I.e. celeb gossip pannels on reddit)

Question 6

What are the remedies and their rules?

Answer 6

For damages:
Examplary and punitive remedy is prohibitied
$250K cap on non-economic loss
No cap on economic loss $

Injuection

Question 7

What is injunction?

Answer 7

temporary or permanent ban on publishing bc of defamtory material risk