The law of defamation
The law of defamation ensures that freedom of speech is not abused.
Discuss the above statement in relation to the laws of defamation. You must address key issues such as elements of defamation, defences and online defamation.
Sample Answer
The law of defamation is a complex area of law that seeks to balance the right to freedom of speech with the right to protect one’s reputation. The law of defamation generally requires that the following elements be met in order for a claim to succeed:
- The statement must be published to a third party.
- The statement must be false.
- The statement must be defamatory of the claimant.
- The statement must have caused the claimant damage.
The meaning of the statement is determined by the ordinary meaning that would be understood by a reasonable person. The statement does not have to be false in every detail, but it must be false in a material way. Defamatory means that the statement lowers the claimant in the estimation of right-thinking members of society. Damage can be both pecuniary (financial) and non-pecuniary (such as loss of reputation).