1. Law of Defamation
Communications law

2. 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

3. 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

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

5. 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

6. 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

7. 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

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

9. Strict liability of the press