Law of Defamation Communications law

Outcomes Define defamation Discuss the elements of defamation Discuss the common law right to a good reputation Give examples of defamatory conduct Discuss how unlawfulness is proven Differentiate between fault and unlawfulness Discuss the grounds of justification Discuss the strict liability of the press & the Reasonableness Test

Define defamation Defamation is the unlawful, intentional publication of defamatory matter referring to a person which causes harm to or impairs that person’s right to a reputation

The common law position Historically the right to a good name & reputation was placed above freedom of expression

The current position Right to freedom of expression is a constitutionally entrenched fundamental right, as is the right to dignity Courts have to balance the conflicting rights “Chilling effect” on freedom of expression

The elements of defamation Publication (words or actions) to a third person which directly or indirectly impairs another's reputation Unlawful or wrongful impairing of another’s reputation Fault causing damage to another’s reputation Damages or injury to another’s personality

Examples of defamatory conduct Suggesting that someone is a criminal Suggesting someone is unfit to practice their profession Suggesting someone is suffering from a socially unacceptable disease Suggestions of immorality

Grounds of justification Absolute privilege Qualified privilege Truth & public interest Fair comment Consent Rixa & provocation

Strict liability of the press