1. Tort law: Defamation

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

3. 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

4. 3 criteria Publication Identification Harm
These elements must be present in order for defamation to have occurred.

5. 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.

6. 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.

7. 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

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

9. Case studies
Police officer wins defamation case: rQ3QDw4k
Fitzgibbon launches defamation case:
Malloy loses defamation case:
Alice Springs art dealer sues: g
Beckham defiant over libel defeat:

10. 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