Defamation

Summary
Definition: Defamation is a statement made by a person and communicated
to a third party that lowers the reputation of someone.

Principles
1. Statement is defamatory
a. Lowers the persons reputation or standing in community, exposing
them to ridicule, contempt or hatred
b. The onus is on the plaintiff to prove their reputation has been dama
ged
c. It is irrelevant that the defendant had not intention to hurt the
plaintiff
2. The statement refers to the plaintif
a. The statement must refer to the plaintiff
b. It does NOT need to mention them by name
c. If a person after reading, hearing or seeing the statement would
reasonable conclude it was about the plaintiff, this is sufficient
d. A plaintiff may be defamed as part of the group (as long as the
group is sufficiently small enough, that one could identify the
plaintiff as a member)
3. The statement was published (communicated to a third party)
a. The statement must be communicated to someone other than the
plaintiff
b. The size of the group it is published too is irrelevant
c. Publications can be verbal or in writing

Defences
1. Justification
a. The statement is substantially true
b. The core issue is the truth, even though something minor may not
be
2. Absolute privilege
a. If the defamatory statement is made in proceedings of parliament,
parliamentary bodies, tribunals or communications between
husband or wife it is immune to the law of defamation
3. Honest opinion
a. The defamatory statement was made as an expression of the
defendants honest opinion rather than a statement of facts
b. The matter must be of public interest

c. Must be based on proper material