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The
Law
Defamation
Generally
The reason for having defamation laws as a civil remedy in tort
is because 'A person has the right to his good name'. Defenses
are nevertheless available for balancing the interest of freedom
of speech, such as the defense of fair comment and
justification.
What
is defamatory?
A statement is defamatory if it tends to lower the plaintiff in
the estimation of right thinking members of society generally.
Alternatively speaking, the matter tends to make the plaintiff
shunned or avoided by right-thinking members of society. The
meaning of the defamatory nature of the statement can be literal
or by inference
Libel
and Slander distinguished
A distinction has to be drawn between libel and slander. Libel:
are publications in permanent form while slander are
publications by spoken word or other transient means. Unlike
slander, damage is presumed in libel actionable without proof of
special damage.
Meaning
of 'Permanent form"
Permanent form can be something in writing or in other permanent
form. Examples are electronic communications via e-mail,
newsgroups, message board, homepages are matters of permanent
form. Broadcast by radio, TV, Internet, public performance, film
soundtrack, CD, tape-recording also meet the requirement of
'permanent form'.
Requirement
of Publication
The statement must be published by communicating to at least one
person other than the person defamed.
Examples
on the Internet are:
Usenet posting / e-mail to a third party, such as by cc. copy /
message board / chat room /world wide web /
Defenses
Fair comment / justification / absolute privilege / qualified
privilege / apology and payment into court / unintentional
defamation / innocent dissemination /
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