Defamation- The act of defaming; false or unjustified injury of the goodreputation of another, as by slander or libel; A defamatory statement is one which injures the reputation of another by exposing him to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society
Types of Defamation Defamation can be divided into two types –
Libel-Libel is the type of defamatory statement which is in permanent form For example · writing, (Cases related to newspapers) · wax images · films · radio and television broadcasts · public performances of plays Slander- Slander is a defamatory statement in a transient form .It is not in writing and can be performed orally or by actions. Libel is actionable per se whereas as in the case of slander damage must be proved. Libel falls under the category of crime as well as tort whereas slander is only a tort.
Essential of Defamation Must lower the claimants' reputation in the society and cause him to be regarded with feelings of hatred, contempt, ridicule, fear and disesteem.
- The statement must refer to the claimant, ie, identify him or her, either directly or indirectly
"If a man wrote that all lawyers were thieves, no particular lawyer could sue him unless there was something to point to the particular individual"
- The statement must be published, ie communicated, to a person other than the claimant.
" Dictating a defamatory letter to a typist would amount to slander, but when the letter is published to a third party it is a libel."
Defence (1) TRUTH (OR JUSTIFICATION) Only false statements are actionable, so if the statement made about the claimant is true, there can be no action for defamation. The burden of proof is on the defendant to prove that the statement made is true, rather than on the claimant to prove that it was false.
(2) FAIR COMMENT ON A MATTER OF PUBLIC INTEREST Often relied upon by the press, as it is designed to protect statements of opinion on matters of public concern. The defence only applies to comments made on matters of public interest, e.g. comments on works of literature, music, art, plays, radio and television and even the activities of public figures.
(3) PRIVILEGE
(a) Absolute Sometimes law allows Freedom of speech in the cases of press, and these provisions can never be defeated. This acts as a defence, and the press cannot be sued. Privilege is a special legal right or immunity granted to a person or persons.
Absolute privilege is an immunity from lawsuit, usually a lawsuit for defamation, even if the action is wrong, malicious, or done with an improper motive. Absolute privilege is most often expressed for legislators. Absolute privilege should not be confused with qualified privilege, which grants the same immunity from prosecution for defamation, but only in the absence of malice.
Also Known As: Legislative Privilege
Examples: An example of absolute privilege is the ability of legislators for actions and statements made during debates and in the course of their legislative work, without fear of being sued for defamation.
(b) Qualified Qualified privilege is a form of legal privilege which allows people to make certain types of statements which might be considered defamatory in other settings, but are not because of the unique nature of the situation. This privilege is said to be "qualified" because people cannot abuse it; people with qualified privilege, in other words, cannot say whatever they want, but they enjoy certain freedoms in special situations.
For a communication to be considered protected by qualified privilege, someone must be making a statement about a subject he or she has an interest in to someone who shares that interest or concern. "Interest" in this sense means a legal interest, such as a moral or ethical duty, as opposed to a general interest. For example, when one employer calls another for a reference, that communication is covered under qualified privilege. Other professionals such as journalists, doctors, and lawyers are also protected. In addition, the statement must be made in good faith, with all parties involved in taking a responsible attitude about how the statement is used. If one doctor discloses to another that a patient has syphilis as part of a routine records request, for example, this is a protected communication because it is made in good faith and in connection with professional duties. If, however, that statement was made in an area where members of the general public could hear it, it would no longer be protected. Likewise, statements cannot be made with malice. An employer who gives a poor reference with the goal of sabotaging a job opportunity is not protected by qualified privilege, for instance. If someone has a right or duty to pass on information in connection with professional duties and someone later sues for defamation, qualified privilege can be used as a defense. The defendant must be able to show that the statement was made responsibly and without malice and that it was made as part of his or her work. Qualified privilege recognizes that there are situations in which people need to be able to communicate freely as part of their work and, as long as people do so responsibly, that worries about defamation should not be a barrier to professional communications. Privilege is a special legal right or immunity granted to a person or persons. Qualified privilege is immunity from lawsuit, usually a lawsuit for defamation, for acts committed in the performance of a legal or moral duty and acts properly exercised and free from malice. If malice can be shown, qualified privilege is not a protection against defamation. An example of qualified privilege is the immunity from defamation for statements made in the course of an employer's duties. Another is the immunity of the press from defamation charges for statement made in good faith, unless it can be proven that they were made with malice. Qualified privilege should not be confused with absolute privilege, which protects the person from lawsuit no matter how wrong the action might be and even if the action is committed with malice or an improper motive. Qualified privilege operates only to protect statements which are made without malice for example, spitefully, or with ill-will or recklessness as to whether it was true or false). It's up to the judge to decide whether the particular situation falls under qualified privilege or not. The following communications will be protected by 'qualified privilege'· Statements made in pursuance of a legal, moral or social duty, but only if the party making the statement had an interest in communicating it and the recipient had an interest in receiving it. Statements made in protection of an interest, e.g. public interests or the defendant's own interests in property, business or reputation. · Fair and accurate reports of parliamentary proceedings. · Fair and accurate reports of public judicial proceedings in the UK, e.g. when the report is not published contemporaneously with the proceeding.
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