Abstract

This chapter examines the law of defamation, which protects a claimant’s reputation. It explains the distinction between libel and slander, and outlines the elements of the cause of action for defamation: that the statement must be defamatory; must refer to the claimant; and must be published. The chapter then considers the general defences to liability for defamation: (1) truth, (2) honest opinion, (3) privilege (both absolute and qualified), (4) publication on matter of public interest, (5) offer of amends and (6) innocent dissemination. The chapter concludes with analysis of remedies for defamation and discussion of the balance to be struck between protection of reputation and freedom of speech.

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