JN204 Lecture Notes - Punitive Damages
Document Summary
A plaintiff does not have to prove a defamatory statement is false. The law requires the plaintiff to prove three things: The statement refers to them, the statements were published of broadcast, and that they caused harm to the reputation, and therefore capable of defamation. The plaintiff does not have to prove a negative e. g that she is not a racist or a criminal. If all three elements are proven, the law assumes the plaintiff has suffered har,. The burden then shifts to the defendant to prove the statement is true or falls within one of the other libel defences. As such, reporters and presumed guilty until innocent. Plaintiff must formally notify the media outlet of the suit. Usually within three months of publication or air date. This gives the defendant a chance to review the statement and decide how best to respond.
