Transcript Law of Defamation

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
rights
have to balance the conflicting
 “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
 Fair
& public interest
comment
 Consent
 Rixa
& provocation
Strict liability of the press