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  • Defamation
    • Elements
      • Defamatory Statement is made
        • Objective test - Lord Atkin in Sim
          • Balance between 2 extremes to see what the  most damaging meaning for the words is - Lord Reid in Lewis
          • Newspaper article - read the thing as a whole (Charleston)
          • Context is factored into objective test - Hyams
        • What makes it defamatory?
          • Antisocial or unsavoury behaviour - Taylor v Berre
          • Fraud/dishonesty - TVNZ v Quinn
          • Criminal behaviour - Jorgensen
        • Every republication of a new libel is a new one - Truth v Holloway
        • Innuendo
          • Types
            • False/Popular
              • Implied or secondary meaning has to be explicitly pleaded
            • True/Legal
              • Defamatory statement, meaning and facts that its based on has to be pleaded
          • Has to be reasonably capable of bearing defamatory meaning - Tolley v Fry
      • Statement is about P
        • P has to prove that publication is of and concerns P - Morgans
        • Can be hit when part of a group - Knupffer
        • Intention is immaterial if P is hit - Hulton v Jones
        • P can be identified by at least one person
        • What words are reasonably understood to mean - Hulton
      • Published by D
        • Def - making known defamatory matter to someone other than P (Pullman v HIll)
        • Indemnity clauses - no concern to P, thats between the Ds
        • Disclaimers - no concern to P
        • s 21 Defamation Act - innocent, non-negligent di**eminators are protected
          • Designed to protect 'local paperboy' situation. But if person a**ociated didnt know article was likely to contain def material so long as they weren't negligent they wont be liable - Lee
          • Not covered if they were warned of defamatory material - Jensen v Clark
    • Defences
      • Truth - s 8 Defamation Act
        • Have to prove the statement as a whole is substantially true - s 8
          • Detail - have to justify if it amounts to "sting" in itself (Templeton)
        • Not what D knows but what they can prove - Templeton
        • Conviction for offence = truth (s 48 Evidence Act - conviction is proof that this was done)
      • Honest Opinion - s 9 Defamation Act
        • If its a matter of public interest anyone has a right to expre** opinion on it so long as it is positively held and is based on facts
          • Requirements
            • Facts available to reader/listener on whih opinion is expre**ed - Templeton
            • Related to what is in the public domain
            • Recognisable as opinion - Awa (nverted commas showed it was thought to be an opinion)
            • Genuinely or honestly held (s 10(1) DA) - doesnt have to be reasonable and immaterial if its moticated by ill will (s 10(3) DA)
      • Absolute privilege
        • Applies to MP/judge who says defamatory statement. Cannot be lost
          • s 13 DA - attaches to parliamentary proceedings so just for what is said IN the house
          • s 14 DA - judicial proceedings. Courts need to get to the truth
      • Qualified privilege
        • Can be lost if occasion is improper or exceeded or if the speaker's motive was malice - s 19 DA. Question of law (Brooks)
        • Statutory - ** 16-19 DA
          • Parliamentary proceedings or j proceedings can be printed so long as they're in public interest
        • Common law
          • Cla**ic
            • D has DUTY to speak and reader  or listener has DUTY to receive or INTEREST to it - RECIPROCITY of duty and interest (Adam v Ware)
              • Moral duty ? legal duty (Watt)
              • Has to be more than curiosity - special legal or social or moral factors that make it desirable in public interest to be made known (Brooks)
            • Purpose - protects people with duty to speak out
          • Expanded
            • Purpose - deal with political comment
            • Covers current AND aspiring politicans (Lange v Atkinson)
            • Doesnt attatch to statements about all "movers and shakers" of society like Reynolds suggests
            • 6 factors to think of - Lange
              • Statement is published generally
              • Wider public have proper interest for generally pubished statements concerning  functioning of representative and responsible government - nature of NZ democracy
              • Proper interest for statements about currently or formerly elected MPs and their qualities to do with their ability to meet public responsibilities
              • Public concern or private concern
              • Width of public concern justifies extent of pub
              • Shouldn't be misused
      • Defence based on need to publish info about P is lost if they are reckle** or indifferent to truth
    • Remedies
      • Injunction
        • Purpose - prevent publication but more restrictive coz of importance of free speech  (Bonnard v Perryman)
        • Not granted if there is doubt about whether claim can be made out
        • Injunction to stop further publication is po**ible - Lee
        • RIghts and interests of parties protected needs to be weighed up - Fahey
          • Considerations - Fahey
            • Context and circumstances that impugne methods
            • Special public interest considerations
            • How appropes damages is for remedy
      • Damages
        • Normally  compensatory but s 28 DA allows courts to grant exemplary damages if D ats in "flagrant disregard of of Ps rights - Taylor v Beere
        • Aggravated damaegs - way or motives that statement was made in and how it caused grief or annoyance to P - Haslan J in Mihaka
        • Quantum awarded
          • England
            • Gravity of libel
            • Extent of publication
            • Whether D accepts responsiblity or apologises
            • Other awards
              • Personal injury
              • Other libel actions
          • Person - solatium to build P up again rather than compensation
          • Company - pecuniary lo** suffered (have to show this a/cc to s 6DA)
      • Specific remedies under DA 1992
        • Declaration of infringement - s 24
        • Order of retraction or reply - s 25
        • Correction to be published - s 26




"A" has taken over a bar, and "B" has attacked "A" on social media for his alterations. Everyone 'A' meets will stop to mock him quordle, wherever he goes. The business community has also been hit hard.



Good day! This post could not be written any far better! Reading this post reminds me of my previous room mate! He always kept chatting about this. I will forward this write-up to him. Fairly certain he will have a good read. Thanks for sharing! Nyt wordle

Blair Philip


The table explanation is very helpful and easy to understand. Thanks for this outstanding article.

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