Rebel Wilson / Defamation Flashcards
What is a tort?
a tort is a legal and civil wrong which one person or entity commits against another person or entity for which the usual remedy is an award of damages.
What are examples of torts?
defamation, nuisance, negligence and trespass to land or goods.
What is defamation?
Defamation is the written or oral communication of a false statement about another which unjustly harms their reputation.
What are the defences to defamation?
- Truth: the defendant must prove that all the material is substantially correct.
- Opinion: the opinions must be based on facts, be fair, honestly held and not motivated by malice.
- Public Interest: Statements about the conduct of people holding public office, comments on artistic work or a review of a restaurant’s food.
What are some facts about Rebel Wilson?
- Rebel Wilson is a well-known Hollywood actress, most famously known for her role as ‘Fat Amy’ in the Pitch Perfect franchise.
- Rebel Wilson was born on March 2 1980, in the Australian city of Sydney.
- Rebel Wilson originally studied at university to become a lawyer.
What defamatory statements did Bauer Media make about Rebel Wilson?
Bauer Media published a series of articles which painted Wilson a ‘serial liar’, who invented fake stories to make it big in Hollywood. Moreover, they claimed she had lied about her age, name and upbringing.
What defences did Bauer Media argue?
Bauer Media argued many defences at the trial, they claimed all the information in their articles were substantially true, all of which were allegedly backed by an anonymous source.
What remedy was Rebel Wilson awarded?
The Supreme Court awarded Wilson $690,000 in general and $3.97 million in special damages, which was a combined total of $4.1 million.
Why was the payment reduced?
The High Court eventually determined that the remedy was unreasonable and Wilson paid back the $3.97 million in special damages and she covered 80% of Bauer Media’s legal costs.
