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Defamation Notes

Law Notes > Intentional Torts Notes

This is an extract of our Defamation document, which we sell as part of our Intentional Torts Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Intentional Torts Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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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