Defamation

"The wrong of injuring anther's person reputation without good reason or justification; calumny; slander or libel."

Defamation Law - First act 1846, 1 January 2006 Uniform Defamation Laws (Defamation Act 2005)

Still notable different in jurisdictions on what Defamation is. 

'defamation matter' - Can be in many forms, articles, reports, artworks, verbal or any other medium.

Three things need to be present for Defamation - Publication, Defamatory imputation and Identification. 

Publication - The act of making something known to another or making it available to be known to another. Applies to broadcast and also applies to those in the public.

Defamatory Imputation is not exactly defined in Australia's act - Anything which may shun a person or effect their reputation.

If one of those aspects are missing there is no way you can be sued for defamation.

Meanings - Literal meanings of words is important for the writer or you as a journalist should exercise care and respect the literal meaning of words. 

Innuendo is also important for you to be aware of when the words or the way a sentence is phrased can convey an innuendo. 

An innuendo may be a simple inference. It may also require proof of some extrinsic or outside fact.

Legal Innuendo and True Innuendo

Defences to Defamation - Like in the case of contempt, your 'intention' in the area of demation is not an issue. 

In other words, you may not have intended contempt or to publish something defamatory about someone, but that is no defence.

• Person's with the same name can sue for the person your writing about within the story. 
• Someone meeting the description of a person who hasn't been named in the report can sue. 
• If reports refers to a small group of people of whom the plaintiff is a member or a representative, this person can sue (even if he/she has not been named) 
• Fictious character has been named. 
• Misspelling a name.

 Limitation Period - With reform laws an individual has now only a year to take defamation action after the publication of the material.

Defamation Laws are not there to restore a person's damaged reputaiton as a person's reputation cannot be restored, it's rather compensated.

Common misunderstandings - Journalists do not get sued for defamation - Incorrect! It is easier for people to sue a journalist than a media organisation. Media organisations in some cases won't protect you once you're taken to court. 

Forget Poor people don't sue - You'd be supried. 

Truth is your best defence - Unde law, 'truth,' 'substantial truth', or 'contextual truth' are defences you may claim. 

In a philosophical sense the notion of truth is debated. 

In the context of DL if you can demonstrate that what you've said is the case, that there are facts and evidence to reveal it, then you may be able to establish a defence of truth.

Contextual Truths, Public Interests is usually one of the best defences. 

Criminal Defamation can result in both civil and criminal prosecutions.