Defamation is the publication of false

statement that is likely to damage a persons reputation. Statements can be: Written. Spoken. Images. Signs. Gestures.
Main remedy is damages.

Defamation
Formally, there were two types:
Libel: Defamation in a permanent form

e.g. Publication of a book. Slander: Non-permanent, usually spoken.

However, this distinction no longer important.

Defamation
A statement must: Be defamatory: According to ordinary and natural meaning of words. May be express or implied and only harmful in eyes of limited community Identify the Plaintiff: Unintentional reference is still defamatory. Hulton v Jones, p. 137 Be published. A statement published on Internet is subject to defamation laws in jurisdiction where downloaded. Gutnick v Dow Jones, p 138.
A person who repeats or republishes material is also

liable. Morosi v 2GB, p 137.

Tests for Defamation

Defamation

Defences to Defamation
1.

Justification: Statement was substantially true.

2. Absolute Privilege: (Total defence, even

if statement false or malicious). Primarily for statements made in parliamentary sessions and court.

Defences to Defamation
3.

Qualified Privilege: Defendant must prove: a) Recipient had an acceptable interest in subject matter. b) Publication was relevant to interest. c) Conduct was reasonable i.e. was in public interest, defamation not serious, based on reliable sources etc. Implied constitutional right to publish statements regarding political statements is protected, but the publisher must not act with malice.

Defences to Defamation
4. Fair Comment: Publications protected if

they express opinions in the public interest, and they are based on proper material i.e. they satisfy one or more of the defences available under the Defamation Act.

5. Innocent Dissemination: Publishers

protected if they merely distribute for others, did not know or reasonably should not have known the material was defamatory and their ignorance was not due to negligence.

Alternative Dispute Resolution

Publishers who:
Make a reasonable offer of amends. In writing. Within 28 days after publisher is informed

of alleged defamation. Usually including an offer to pay compensation.

May have grounds for a full defence or

reduced damages if the offer is rejected.