Defamation•Defamation is the publication of false

‘statement’ that is likely to damage a person’s reputation. Statements can

be: Written. Spoken. Images. Signs.

Gestures.

•Main remedy is damages.

Defamation• Formally, there were two types:

Libel: Defamation in a permanent form e.g. Publication of a book.

Slander: Non-permanent, usually spoken.

• However, this distinction no longer important.

DefamationA statement must: • Be defamatory: According to ordinary and

natural meaning of words. May be express or implied and only harmful in eyes of limited community

• Identify the Plaintiff: Unintentional reference is still defamatory. Hulton v Jones, p. 137

• Be published. A statement published on Internet is subject to defamation laws in jurisdiction where downloaded. Gutnick v Dow Jones, p 138.

A person who repeats or republishes material is also liable. Morosi v 2GB, p 137.

Tests for Defamation

Defamation

Defences to Defamation1. Justification: Statement was

substantially true.

2. Absolute Privilege: (Total defence, even if statement false or malicious). Primarily for statements made in parliamentary sessions and court.

Defences to Defamation3. Qualified Privilege: Defendant must

prove:a) Recipient had an acceptable interest in

subject matter.b) Publication was relevant to interest.c) Conduct was reasonable i.e. was in

public interest, defamation not serious, based on reliable sources etc.

Implied constitutional right to publish statements regarding political statements is protected, but the publisher must not act with malice.

Defences to Defamation4. Fair Comment: Publications

protected if they express opinions in the public interest, and they are based on proper material i.e. they satisfy one or more of the defences available under the Defamation Act.

5. Innocent Dissemination: Publishers protected if they merely distribute for others, did not know or reasonably should not have known the material was defamatory and their ignorance was not due to negligence.

Alternative Dispute Resolution

• Publishers who:Make a reasonable “offer of amends”.In writing.Within 28 days after publisher is

informed of alleged defamation.Usually including an offer to pay

compensation.

May have grounds for a full defence or reduced damages if the offer is rejected.