Defamation of Character Intentional Torts
Defamation Injury to a person’s reputation or good name by either libel or slander Often with high profile individuals (celebrities), or professionals in the public service All relates to a person’s status within the community Various ways to commit defamation, particularly within social media
Slander Verbal statements or gestures that damages a person’s reputation The plaintiff must establish that the statements were specifically referencing the plaintiff and that they would lower their reputation in the eyes of a “reasonable person”
Slander For slander to occur someone other than yourself must hear the comment An example of a loss of reputation is loss of income (from a business or people not hiring you) Slander is not the same as bullying someone online
Libel This is defamation in a more permanent form- written, printed, recorded, filmed, drawn, etc… This is considered in law far more serious No actual damage has to be proven against your reputation, if libel is proven, damage to your reputation is assumed
Defences to Defamation Truth- if statements can be proven to be true Fair Comment- someone expresses a comment or opinion based on fact regarding a matter of public interest (music critic, art critic) -as long as the comments have no malice Absolute Privilege- protection from liability for statements made in parliament, in a courtroom or military hearing