The law of defamation

There are a number of defences available to a defendant in a defamation case, including:

• Truth: If the statement is true, it is not defamatory.
• Privilege: If the statement was made in the course of a judicial proceeding, parliamentary debate, or other privileged occasion, it is not defamatory.
• Fair comment: If the statement is a fair comment on a matter of public interest, it is not defamatory.
• Absolute privilege: There are a few situations where the statement is absolutely privileged, such as statements made in Parliament or in the course of legal proceedings.

Online defamation is a growing area of law. The same principles of defamation law apply to online statements as to offline statements. However, there are some specific issues that arise in the context of online defamation, such as the identification of the defendant and the jurisdictional reach of the law.

The law of defamation is a complex area of law, and it is important to seek legal advice if you are considering making or defending a claim for defamation.

The law of defamation ensures that freedom of speech is not abused by protecting people from false and defamatory statements that can damage their reputation. However, the law also recognizes that freedom of speech is an important right, and it allows for a number of defences to defamation claims. The law of defamation is a balance between these two important interests.

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).