Defamation

What is defamation?

Making a false statement that harms someone’s reputation.

What are the elements of defamation?

• Defamatory statement

• Refers to the plaintiff

• Published to a third party (publication)

What is libel?

Written or recorded defamation. Damages are presumed.

What is slander?

Spoken defamation. Must prove actual financial loss (usually).

What 4 types of slander do NOT require proof of damages?

1. Accusing someone of a serious crime

2. Accusing a woman of unchastity

3. Saying someone has an infectious disease

4. Attacking someone’s ability in their job or profession

What are the 5 defences to Defamation

Justification, Privilege, Fair comment, consent, Apology/Retraction

What is the defence of Justification?

Truth — if the statement is true, it is a complete defence.

What is privilege?

Situations where free communication is protected, even if defamatory.

Difference between absolute vs. qualified privilege?

• Absolute: complete immunity (Parliament, courtroom).

• Qualified: protects honest statements but lost if made with malice.

What is the defence of Fair Comment?

Protection for opinions on matters of public interest that are based on fact and made fairly.

What does consent mean in defamation?

f the plaintiff agreed to the publication, they cannot sue.

What is the role of Apology/Retraction?

Not a full defence, but reduces damages.

What is product defamation?

Making false statements about someone’s products or making your product look like theirs (passing off).

What is the tort of inducing breach of contract?

When someone intentionally causes a third party to break their contract with the plaintiff.

What are the 4 elements of inducing breach of contract?

1. Valid contract exists

2. Defendant knows about it

3. Defendant intentionally causes breach

4. Plaintiff suffers damages

What is unlawful interference with economic relations?

Using unlawful means to interfere with someone’s business relationships.

What 2 elements must be proven for unlawful interference?

• Intention to interfere

• Unlawful means used against a third party