Defamation Notes

DEFAMATION 94 | INTENTIONAL TORTS DEFAMATION The essence of defamation is the protection of reputation. The true motivation for a defamation action is often a desire by the plaintiff to prevent, or obtain redress for, an invasion of privacy. In Australia, we do NOT have a right to privacy. Considerations: 1. Who can be defamed? Limitation of Actions? 2. Did the Defendant defame the Plaintiff? a. Does the matter convey a defamatory imputation or imputations? b. Does the matter identify or is it capable of identifying the Plaintiff as the person defamed? c. Has the matter been published by the Defendant? 3. Defences 4. Remedies Who can be defamed? * Living people o Defamation actions are personal to the person defamed * Some corporations o Defamation Act, s 9 o Non--profit; fewer than 10 people and not related to another corporation Defamation Act s9 * (1) A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was an excluded corporation at the time of the publication. * (2) A corporation is an excluded corporation if--- o a) the objects for which it is formed do not include obtaining financial gain for its members or corporators; or o (b) it employs fewer than 10 persons and is not related to another corporation; and the corporation is not a public body INTENTIONAL TORTS | 95 Who cannot be defamed? * Dead people (s 10) * Most other corporations * Elected authorities Defamation Act s8 Single cause of action for multiple defamatory imputations in same matter A person has a single cause of action for defamation in relation to the publication of defamatory matter about the person even if more than 1 defamatory imputation about the person is carried by the matter. Role of the Judge and Jury: Judge * Whether the statement is capable of bearing the meaning alleged by the P * Whether it is capable, in law and fact, of being defamatory * Whether it is capable of referring to the P 96 | INTENTIONAL TORTS * * * Jury Whether the D has published Whether the material is defamatory Whether a defence has been established

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