Defamation of CharacterIntentional Torts

Defamation

Injury to a person’s reputation or good name by either libel or slander

Often with high profile individuals (celebrities), or professionals in the public service

All relates to a person’s status within the community

Various ways to commit defamation, particularly within social media

Slander

Verbal statements or gestures that damages a person’s reputation

The plaintiff must establish that the statements were specifically referencing the plaintiff and that they would lower their reputation in the eyes of a “reasonable person”

Slander

For slander to occur someone other than yourself must hear the comment

An example of a loss of reputation is loss of income (from a business or people not hiring you)

Slander is not the same as bullying someone online

Libel

This is defamation in a more permanent form- written, printed, recorded, filmed, drawn, etc…

This is considered in law far more serious

No actual damage has to be proven against your reputation, if libel is proven, damage to your reputation is assumed

Defences to Defamation

Truth- if statements can be proven to be true

Fair Comment- someone expresses a comment or opinion based on fact regarding a matter of public interest (music critic, art critic)

- as long as the comments have no malice

Absolute Privilege- protection from liability for statements made in parliament, in a courtroom or military hearing