83532
Description
Mind Map by Chris Harper, updated more than 1 year ago
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Created by Chris Harper
almost 11 years ago
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Defamation
- Defamation definitions
- Expose them to hate, ridicule or contempt
- Cause them to be shunned or avoided
- Lowers them in the right-thinking
members of society generally
- 'Tends to'...
- Disparage them in their trade, profession, office, business etc,
- Expose them to hate, ridicule or contempt
- Inferences
- A statement with a secondary meaning which can be understood
by someone without a special knowledge
- A statement with a secondary meaning which can be understood
by someone without a special knowledge
- Innuendos
- A statement that those with a special knowledge will
know that it's defamatory
- A statement that those with a special knowledge will
know that it's defamatory
- What do they have to prove?
- D.I.P
- Defamation
- Doesn't have to prove it's false, intention or actual damage
- Doesn't have to prove it's false, intention or actual damage
- Identification
- Not naming does not work and could prove no defence
- Has to ATTACH to the complainant
- Has to ATTACH to the complainant
- Not naming does not work and could prove no defence
- Publication
- Must prove it was published
- No defence in repeating what other's say!
- Must prove it was published
- Defamation
- D.I.P
- Defences
- Justification
- THE TRUTH
- Must show truth of any innuendo
- THE TRUTH
- Honest comment
- Honestly held opinion of the person
- Only comment, not facts
- Based on provable true facts/privileged material
- Public interest, published without malice
- Must not impute improper motive
- Honestly held opinion of the person
- Justification
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