Free Legal Advice

Hi People,

I figured now is probably the time to offer some (free) legal advise about defamation. For what its worth, it may save us from the wrath of any stark raving mad litigants.

Happy Reading. If you have any enquiry, feel free!

DEFAMATION

Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally; or which tends to make them shun or avoid that person.

Reference to the Claimant: It is essential that the defamatory statement is shown to refer to the claimant. The Defendant need not have intended the statement to refer to the claimant, provided that people who know the claimant understand that they were pointed at by the words used.

Publication: Publication of defamatory words is the communication of the words, pictures or any other method of signifying meaning to at least one person other than the person defamed. The Defendant must be responsible for publication, either by publishing themself or asking others to do so.

Repetition: Every repetition of defamatory words is a fresh publication and creates a fresh cause of action against each and every successive publisher. Thus a libel which is printed will bring liability to the author, printer and publisher. This liability extends to secondary publishers eg. Newsagents and booksellers.

Defences: There are various defences available, but all are subject to certain conditions/requirements. The defences are:

1. Offer of amends (an offer to publish an apology or correction and pay damages)
   
2. Justification (Defendant may prove that words allegedly defamatory were true)
   
3. Fair Comment (must be on a matter of public interest, and must be an opinion based on true facts and must be fair)
   
4. Absolute privilege (Parliamentary and Judicial Privilege)
   
5. Qualified privilege (Privileged Reports of parliamentary and judicial proceedings)
   
   

Remedies: The normal remedy in a defamation action is a suitable correction or apology and/or damages. Punitive or Exemplary damages may be awarded in a libel action where the defendant divided to publish a libel, calculating that the possible damages would not be exceeded by the profit they would make on the book/publication.