Defamation

Defamation protects reputation, so that words are defamatory if they tend to reduce the reputation of a person in the minds of right thinking members of the public.

A person is defamed if there is publication to a third party of words containing an untrue imputation against that person’s reputation.

Publication in a permanent form such as in a magazine or video means the defamation is libel, whereas it is slander if the words are in transient form such as speech.

To bring an action for libel there is no need to prove damage or loss, whereas to bring an action for slander the claimant is required to prove that s/he has suffered loss or damage as a result of the defamation, except if the defamation accused the claimant of:

• committing a crime;
• having a contagious disease;
• being unfit for his or her office, business or profession;
• being unchaste or adulterous (where the claimant is female);
• being uncreditworthy (where the claimant is in business).

In this area the law attempts to balance many different and competing needs, such as the right to privacy as against the right to know, the rights of suspects as against the rights of defendants.