Defamation

Question 1

What is defamation?

Answer 1

The dissemination of a falsehood/lie which harms reputation (MUST BE A FALSITY)

Question 2

What must this tort be weighed against?

Answer 2

Freedom of expression – section 14 BORA, to prevent a ‘chilling effect’

Question 3

How does the plaintiff succeed in simple terms?

Answer 3

1. They can show that the publication is defamatory towards themselves (the plaintiff’s case)
2. The defendant cannot establish a defence (the defendant’s case)

Question 4

What is the benchmark definition for something being ‘defamatory’

Answer 4

“Would the words tend to lower the plaintiff in the estimation of right-thinking members if society generally? – Sim v Stretch 1936

Question 5

Does the meaning of what is considered defamatory change overtime?

Answer 5

Yes, what is considered defamatory depends on a fact-finder’s determination of societal values and will therefore change over time and from place to place.

Question 6

What are things likely to be considered defamatory?

Answer 6

• Implication of criminal conduct
• Implications of fraud/dishonestly
  ‘conduct which is frowned on by society and suggests that the person is in some way lacking in virtue’

Question 7

What are things unlikely to be considered defamatory?

Answer 7

• Things that matter to you and not something that matters to others (e.g. what party you vote for, your sports team)
• Trivial, non-controversial things
• Outrageous things, unlikely to be believed by anyone