Lesson 12

• Rights protected by the law

  1. The right to freedom of expression
  2. The right to a character and reputation
  3. The right to have that reputation protected by placing limits on freedom of expression
  4. The right to people whose reputation have been harmed to seek effective and fair remedies
  5. The right to a quick and effective method of resolving a dispute in relation to defamation
• Elements to establish liability

  1. Statement is defamatory

  • Must lower a person’s reputation or standing in the community
  • Exposure to ridicule, contempt or hatred
  • Plaintiff needs to prove that their reputation has been damaged by the publication of the material
• Elements required to establish liability

  2. Statement is untrue

  If the statement is substantially true it is not defamation
• Elements required to establish liability

  3. Statement refers to the plaintiff

  • Plaintiff must prove that the statement is referring to them, even if not mentioned by name.

  A plaintiff can be defamed as part of a group.
• Elements required to establish liability

  4. Defendant published defamatory statement

  • The statements must be communicated to another person. When a third party reads, hears or sees the defamatory material then the plaintiff can take action.
  • Publication can be verbal or in

  writing.

  e.g Articles, letters, books, blogs, website, social media