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Topic: Defamation

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In the News (Wed 19 Jun 19)

  Slander and libel - Wikipedia, the free encyclopedia
In most early systems of law verbal defamations were treated as a criminal or quasi-criminal offence, its essence lying not in pecuniary loss, which may be compensated by damages, but in the personal insult which must be atoned for: a vindictive penalty coming in the place of personal revenge.
The remedy for verbal defamation was long confined to a civil action for a monetary penalty, which was estimated according to the significance of the case, and which, although vindictive in its character, doubtless included practically the element of compensation.
Defamation law reform in Australia Proposals by the Attorney General of Australia for defamation law reform, identifying existing defects.
en.wikipedia.org /wiki/Defamation   (2958 words)

Defamation is an injury to the reputation or character of someone resulting from the false statements or actions of another.
Defamation is a general term for the false attack on your character or reputation through either libel or slander.
The difficulty with "self-publication" defamation for the employee is that the employee has the burden of proving that he or she was psychologically compelled to repeat or publish the defamatory statements.
www.faceintel.com /defamation.htm   (2840 words)

 Defamation Profile: Overview   (Site not responding. Last check: 2007-11-07)
Defamation essentially takes two forms - libel (often characterised as involving a statement in a 'permanent form', such as a print or online publication or an electronic broadcast) and slander (typically an oral statement that is not published).
Defamation regimes recognise that some statements are more damaging or offensive than others and that provision must be made for legitimate artistic criticism or other matters.
As a result, defamation is arguably the most complex area of information law, one that is evolving and that involves considerable uncertainty for authors, publishers, observers and those who consider that they have been defamed.
www.caslon.com.au /defamationprofile.htm   (1087 words)

 Defamation law and free speech
Defamation law is so complex that most writers and publishers prefer to be safe than sorry, and do not publish things that are quite safe because they're not sure.
Defamation is the most common law used against citizen protest, but others are used such as business torts, conspiracy and judicial process abuse.
Defamation actions and threats to sue for defamation are often used to try to silence those who criticise people with money and power.
www.uow.edu.au /arts/sts/bmartin/dissent/documents/defamation.html   (3734 words)

 Australian Defamation Laws and the Internet
A threat of (costly) defamation proceedings and damages, whether or not a plaintiff's claim is likely to be upheld by a court, is often used to silence criticism not only by a particular person or group but also as a threat to others.
Australia's defamation laws are often used by politicians and corporations who consider the media, individuals or community groups have defamed them in publishing information critical of their activities.
Moreover, as defamation laws in other countries (as well as in Australia) enable a defamation action to be brought under their laws if material was published in their jurisdiction, persons who publish/distribute material on the Internet may find themselves facing defamation action under the laws of a country other than their country of residence.
www.efa.org.au /Issues/Censor/defamation.html   (4582 words)

 Irish defamation law
The traditional definition of defamation was publication of a false statement which subjected a person to hatred, ridicule or contempt.
Defamation is what is known as a "strict liability" offence, which means that the state of mind of the offender is irrelevant.
Because of the high risk of defending a defamation action, the unpredictability of juries and the heavy legal costs of a hearing, the majority of libel cases are settled before coming to court.
indigo.ie /~kwood/defamation.htm   (3110 words)

 Defamation & Libel Lawyers | Find a Defamation & Libel Lawyer to Win Your Settlement
Defamation & Libel law refers to the law that seeks to protect victims who are harmed by the action or inaction of another entity or person.
Defamation is defined as an untrue statement which causes you to be held in contempt or ridicule and as a result causes you damages.
Defamation and libel are defined as a false statement that injures someone's reputation and exposes him to public contempt, hatred, or condemnation.
www.e-personalinjurylawyers.com /defamation-libel   (993 words)

 Defamation: Libel and Slander Law
It is not unusual for attorneys to receive inquiries about defamation actions from people who are in conflicts with neighbors or other members of their communities, and have become the subjects of vicious lies.
For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures.
In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the belief that the defamatory accusations were true.
www.expertlaw.com /library/personal_injury/defamation.html   (1496 words)

 HowTo Bring Action for Defamation
You may decide to bring an action in defamation if you believe that a person or publication has harmed your reputation by making false statements about you.
Defamation law attempts to maintain a balance between freedom of expression and the protection of people’s reputations.
In certain cases a plaintiff might also be awarded punitive (or "exemplary") damages, which are intended not to compensate the plaintiff but to punish a defendant who has acted in flagrant disregard of the plaintiff’s rights.
www.howtolaw.co.nz /html/ml146.asp   (459 words)

The defendant may pay into court with his or her defence a sum of money to amend the injury sustained by the publication of the defamatory matter, with or without a denial of liability, and the payment has the same effect as payment into court in other cases.
for defamation contained in the newspaper or broadcast from the station shall be started within 4 months after the publication of the defamatory matter came to the notice or knowledge of the person defamed.
(1) A defendant in an action for defamation published in a newspaper is not entitled to the benefit of sections 16, 17 and 19 unless the name of the proprietor and publisher and address of publication are stated in a conspicuous place in the newspaper.
www.hoa.gov.nl.ca /hoa/statutes/d03.htm   (1853 words)

Defamation is not usually predicted by the parties, particularly the plaintiff.
For some defamations, the viability of an action may be very suspect in British Columbia, but hale and hearty in Alberta, simply because of the assimilation of slander into the law of libel in Alberta and the outdated legislation in BC.
The law of defamation was largely refined by the courts at the same time as the legal system was addressing the last great technological revolution, the Industrial Revolution in the late 18th and early 19th centuries.
www.adidem.org /articles/DS5.html   (8946 words)

 Should Audio-Visual Defamation on the Internet be Treated as Libel or Slander?
Of course, common sense acknowledges that a defamation posted within a live chat room conversation may have been carefully planned in advance, and such is an appropriate question for the factfinder; I only mean to suggest that careful deliberation is less likely in such a forum.
This suggests that the mere fact that a defamation took place in the context of a writing should not necessarily warrant the conclusion that it is or was more dangerous (despite its assuming a semi-permanency, by virtue of its paper medium), otherwise the libel/slander distinction logically should have been recognized long before the printing press.
Unlike traditional defamation cases involving local broadcasters and newspapers, is it more foreseeable that a given defamatory statement expressed on one of an innumerable sea of websites may reach few, if any, of those who knew of, or should have reasonably been expected to have otherwise later learned of, the plaintiff or the plaintiff's reputation.
www.uiowa.edu /~cyberlaw/cls99/sempaper/zelote416.html   (4231 words)

 Minneapolis Attorney -- Greg Abbott: Basics of Minnesota Defamation Law   (Site not responding. Last check: 2007-11-07)
The classic examples of defamation per se are allegations of serious sexual misconduct; allegations of serious criminal misbehavior; or allegations that a person is afflicted with a loathsome disease.
One origin of libel and slander laws was a criminal cause of action by the English Crown used to silence its critics; hence, it was the truth of the alleged libel which provoked the lawsuit.
The First Amendment requires that a defamation plaintiff prove actual malice or reckless disregard of the truth when the plaintiff is a public official or public figure.
www.abbottlaw.com /defamation.html   (3395 words)

Defamation is an invasion of the interest in reputation of a person or a group of persons resulting from libel or slander.
Reckless disregard for whether the matter was false and defamed plaintiff means that the defendant must have had serious doubts about the truthfulness of the statement at the time of the publication.
An essential element of defamation by libel slander is that the statement published was false.
www.west.net /~smith/defamation.htm   (1670 words)

 Defamation in Australia, used as censorship   (Site not responding. Last check: 2007-11-07)
While defamation law sometimes serves its intended goal, of protecting reputations, all too often it serves as a tool for silencing criticism.
As well as direct attacks aimed at preventing particular criticisms being publicised, defamation suits are often used as a kind of "legal battery", where the mere threat of legal action can silence opponents (or induce their ISPs to stop hosting their web sites).
Scientology is one organisation well-known for using defamation suits (and claims of copyright infringement) to silence its critics.
danny.oz.au /freedom/defamation   (205 words)

 The Net: Defamation And The Net   (Site not responding. Last check: 2007-11-07)
When determining whether or not defamation has taken place, the only issue to consider is whether a person of ordinary intelligence in society would believe that the words would indeed injure the person's reputation.
All that a plaintiff has to prove in a defamation action is the publication of defamatory matter-the onus then lies on the defendant to prove innocence.
In theory then, a potential defendant to a defamation suit could be sued in respect of a particular defamatory statement in a number of different countries with which it has no connection under any number of different laws with which it is totally unfamiliar.
www.india-today.com /ctoday/20011101/net.html   (1797 words)

 Libel & Defamation in the Information Age
If the few court battles that have been decided involving libel and defamation on the Net are any indication of how the law will be applied to the Internet in the future, it's worth your time to learn what's libelous or defamatory on the Internet and what's not.
You probably won't lose a libel or defamation lawsuit if you can back up what you write with solid facts." For example, Brock Meeks, a full-time journalist who also distributes his own electronic magazine, avoided losing a defamation lawsuit largely because he could prove an article that he sent over the Net was true.
Lani Teshia-Miller never meant to defame anyone, but when she took over the distribution of a tattoo FAQ she almost ended up in court.
www.writing.upenn.edu /~afilreis/defamation-in-cyberspace.html   (2449 words)

 Defamation Havens
Defamation law is supposed to balance the private right to protect one's reputation with the public right to freedom of speech.
Furthermore, defamation laws vary from country to country, and sometimes between provinces within countries, so the attempt to shut down all the sites internationally may have little prospect of success compared to achieving this in single jurisdiction with harsh legislation.
Defamation law not only is an unwieldy method for dealing with defamation but is frequently used to suppress free speech.
www.firstmonday.org /issues/issue5_3/martin/index.html   (4443 words)

 Roger Clarke's 'Defamation on the Web'
Courts around the world have yet to determine their stance in relation to the critical question of where a web-page is deemed, for the purposes of defamation law, to be published.
This would be a much more favourable outcome for people who live in those countries, but a very disappointing outcome for people in other countries, because the 'free world' would be actively censoring the flow of information to other countries, and hence in effect bolstering their restrictive regimes.
It is not to be assumed that the law of defamation in other countries is co-extensive with that of NSW, and, indeed, one knows that it is not.
www.anu.edu.au /people/Roger.Clarke/II/DefWeb01.html   (6853 words)

 Defamation Law, Libel Law, Slander Law - MegaLaw.com
Defamation is a legal action sounding in tort based on an intentional or reckless public false statement that injures another person's reputation.
Defamation is governed by state statutes or common law.
Defamation - Excerpt from David Hurd's Employee Survival Handbook covering defamation in the workplace.
www.megalaw.com /top/defamation.php   (784 words)

 Defamation Links - Media Defamation. ORG   (Site not responding. Last check: 2007-11-07)
Defamation law and free speech - "The law of defamation is supposed to protect people's reputations from unfair attack.
Australian Defamation Law - "The main issue in relation to the law of defamation (which seeks to protect individual reputation) ‘is how to reconcile [its] purpose with the competing demands of free speech..."
Defamation - "While defamation law sometimes serves its intended goal, of protecting reputations, all too often it serves as a tool for silencing criticism..."
www.mediadefamation.org /defamation_links.htm   (519 words)

 Pre-action Protocol for Defamation
There are important features which distinguish defamation claims from other areas of civil litigation, and these must be borne in mind when both applying, and reviewing the application of, the Pre-Action Protocol.
In particular, time is always ‘of the essence’ in defamation claims; the limitation period is (uniquely) only 1 year, and almost invariably, a Claimant will be seeking an immediate correction and/or apology as part of the process of restoring his/her reputation.
Determination by an independent third party (for example, a lawyer experienced in the field of defamation or an individual experienced in the subject matter of the claim) whose name and fees, along with the precise issues which are to be determined, will have been agreed by the parties in advance.
www.dca.gov.uk /civil/procrules_fin/contents/protocols/prot_def.htm   (1071 words)

 Defamation in Media - www. Media Defamation. org -   (Site not responding. Last check: 2007-11-07)
Channel Nine Sixty Minutes defamation case against the BWIU (Building Workers Industrial Union) and Andrew Ferguson - Journalist Mike Munro from 60 Minutes, Channel Nine, Australia accused the BWIU of “standing over” building companies.
The defamation case was settled by the Channel Nine out of the court (BWIU donated settlement money to charity).
Channel Nine defamation case against Monty Python: Even the judge admitted having difficulty understanding what the quote in question meant.
www.mediadefamation.org   (3633 words)

 Defamation   (Site not responding. Last check: 2007-11-07)
If such statements are contained in some public written form, such as a newspaper, letter or perhaps even an e-mail that is addressed to several persons, that is known as libel.
Statements made in court documents or while testifying in a legal proceeding are also protected, as are communications between a lawyer and client.
Damages for defamation can vary widely, depending on the seriousness of the statement and the extent to which a person is potentially affected by such statements.
www.dsjnlaw.com /Pi/DEFAMATN.htm   (221 words)

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