Topic 9.5: Defamation

Question 1

What are the two different types of defamatory statements, and how are they made?

Answer 1

Slander (i.e. spoken) and Libel (i.e. written)

Question 1

What are the elements of Defamation?

Answer 1

1. Defamatory statement 2. Statement must have or is likely to cause harm to reputation 3. Reference to other person 4. Publication

Question 2

How is it decided if a statement has or is likely to cause harm to reputation?

Answer 2

Standard of opinion based on right thinking members of society (Tolley v Fry)

Question 3

What is considered publication of a defamatory statement?

Answer 3

Must be made available to at least one other person other than the claimant (If made available to TP will not be considered published)

Question 4

Is a subsequent publication defamatory?

Answer 4

Generally NO; only if there is a material difference in the material

Question 5

What are the defences to a defamation claim?

Answer 5

1. Truth 2. Honest Comment 3. Offer to make amends 4. Public interest 5. Innocent Dissemination 6. Absolute Privilege 7. Qualified Privilege