LAW 1507 Lecture Notes - Lecture 9: All England Law Reports
30 Jun 2018
School
Department
Course
Professor
DEFAMATION
No need to discuss damages and defences regarding negligence in assignment only
to trespass to the person.
Defamation to protect personal reputations
South Australia Defamation Act 2005
Libel- defamation regarding written publications
Slander- defamation regarding oral statements
Defamation act removed this distinction
Cannot bring defamation case on behalf of someone who is deceased
The person you are bringing the defamation case against has to be alive
Defamatory matter can be just about anything according to the act
The matter must contain an imputation against the plaintiff’s reputation
Ettingshausen v Australian Consolidated press Ltd (1991) 23 NSWLR 443-
Publishing photo of naked footballer in shower
Harm to reputation has to be specific
Show that a reasonable person who shares the standards of the general public
would interpret the statement as defamatory
S.A no jury trials for defamation
Defendant’s intention irrelevant as long as a reasonable person would see the
publication as defamatory
Standards of the general community- Byrne v Deane [1937] 2 All ER 204- standard
of private golf club not enough- piece of paper with a poem about someone who
rigged the game
Defamation by innuendo- need extrinsic facts to tell that something is defamatory
1
Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
No need to discuss damages and defences regarding negligence in assignment only to trespass to the person. Cannot bring defamation case on behalf of someone who is deceased. The person you are bringing the defamation case against has to be alive. Defamatory matter can be just about anything according to the act. The matter must contain an imputation against the plaintiff"s reputation. Ettingshausen v australian consolidated press ltd (1991) 23 nswlr 443- Harm to reputation has to be specific. Show that a reasonable person who shares the standards of the general public would interpret the statement as defamatory. Defendant"s intention irrelevant as long as a reasonable person would see the publication as defamatory. Standards of the general community- byrne v deane [1937] 2 all er 204- standard of private golf club not enough- piece of paper with a poem about someone who rigged the game. Defamation by innuendo- need extrinsic facts to tell that something is defamatory.
