Tort law: Defamation.

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Presentation transcript:

Tort law: Defamation

Defamation A written or oral statement that injures a person’s good reputation

The tort of defamation Protects people from unjustified attacks on their good name. Traditionally there were two types: Libel: permanent damage to someone’s reputation Slander: defamation in a transient (non- permanent) form The Defamation Act (2005) (Vic.) abolished the distinction

3 criteria Publication Identification Harm These elements must be present in order for defamation to have occurred.

Publication A comment is only considered to be defamatory if it is published A comment is only considered to be published if it is communicated to at least one other person besides the person being defamed.

Identification The plaintiff must be identified in the defamatory statement. This does not necessarily mean naming the plaintiff. If a reasonable person would have connected the statement to the plaintiff– this can be considered to be identification.

Harm Defamatory comments can cause harm - lowered reputation - loss of earnings/opportunities - exposure to ridicule/judgement/avoidance Even if the defendant did not intend to cause harm– if the plaintiff suffered, there may be grounds for defamation

Civil remedy Damages: to compensate for the harm caused Injunction: an order from the court to prevent a statement from being published.

Case studies Police officer wins defamation case:https://www.youtube.com/watch?v=w6- rQ3QDw4k Fitzgibbon launches defamation case: https://www.youtube.com/watch?v=YXnc6C52tbk Malloy loses defamation case: https://www.youtube.com/watch?v=eg1tZ46uPK8 Alice Springs art dealer sues: https://www.youtube.com/watch?v=_mXVDR3zP6 g Beckham defiant over libel defeat: https://www.youtube.com/watch?v=prl5F6CbPE4

Defences to defamation Justification- truth Honest opinion – reviews: music/food/film Absolute privilege- parliament/court proceedings: (protects freedom of speech) Qualified privilege- references/police statements