Lesson 16

• Role of Common law

  • Elements and defences were developed through a series of cases.
  • Distinguished between libel (written) and slander (verbal).
  • Allowed corporations to sue because of an attack of their reputation.
  • High Court found an implied right to freedom of political communication.
• Role of Statute Law

  • In 2005 defamation law across Australia went through major reform.
  • In 2006 new uniform defamation legislation was implemented.
  • Corporations have no cause of action for defamation.
• Possible impacts on plaintiff

  • Loss of reputation - the plaintiff might be disliked or treated differently by others
  • Impact relationship with others
• Possible impacts on plaintiff

  • Loss of job opportunities - employer might not trust the plaintiff, or believe that the statement negatively affects their business - loss of current job, no future jobs
  • Financial loss (wages) - impact on livelihood, additional costs for legal proceedings
  • Psychological impact - emotional - self-esteem confidence which could lead to mental illness as a result of the publicity
• Possible impacts on defendant

  • Loss of reputation - due to the publicity the defendant may experience humiliation or their professional reputation could be tarnished.
  • Incur legal costs to defend our case - legal representation, expert witnesses
  • May be ordered to pay damages to the plaintiff - need to sell our assets to be able to cover the costs, experience financial hardship