Defamation in Law
Law
Tort Law
A tort is an act/omission in instances where by law there is a duty owed by one party/entity as against another to do or refrain from doing an act and a failure to comply results in civil liability
To Establish Tort One Must Have:
Duty of Care/Duty being owed
Breach
Harm/ Damage caused by that Breach
Difference between Crime and a Tort
Crimes are omissions or acts against the state while a tort is against private entities.
Crime- Fine/ Imprisonment while in Tort- Damages/ Injunction.
Defamation
Defamatory Statements are those which tend to lower one's estimation in the minds of right thinking persons.
There are three constituent elements that one must find before an action towards defamation can be made out.
First the words themselves must be defamatory or capable of defaming the plaintiff.
Secondly the words must refer to the plaintiff.
Thirdly, the words must be published to one other person than the plaintiff. Therefore the defamatory statements must be exposed to someone other than the plaintiff.
Intermediate liability - the channel which facilitates the defamatory statements may or may not be liable depending on the platforms involvement in endorsing the statement (directly re-quoting the statement)
The law of defamation seeks to protect an entity's or individual's reputation. In doing so the law balances to fundamental rights. On one hand a person is entitled to freedom of speech or expression but this must be curtailed by respect for and recognition of a person's right to a reputation. The concept of one's reputation is not limited to individuals it also includes corporate entities which like individuals through years of service by obtaining certain qualifications or simply by maintaining certain practices can develop a clientele, a reputation that earns significant profit or other benefits which may or may not be tangible.
The law makes a distinction between defamatory statements in a permanent as
Tort Law
A tort is an act/omission in instances where by law there is a duty owed by one party/entity as against another to do or refrain from doing an act and a failure to comply results in civil liability
To Establish Tort One Must Have:
Duty of Care/Duty being owed
Breach
Harm/ Damage caused by that Breach
Difference between Crime and a Tort
Crimes are omissions or acts against the state while a tort is against private entities.
Crime- Fine/ Imprisonment while in Tort- Damages/ Injunction.
Defamation
Defamatory Statements are those which tend to lower one's estimation in the minds of right thinking persons.
There are three constituent elements that one must find before an action towards defamation can be made out.
First the words themselves must be defamatory or capable of defaming the plaintiff.
Secondly the words must refer to the plaintiff.
Thirdly, the words must be published to one other person than the plaintiff. Therefore the defamatory statements must be exposed to someone other than the plaintiff.
Intermediate liability - the channel which facilitates the defamatory statements may or may not be liable depending on the platforms involvement in endorsing the statement (directly re-quoting the statement)
The law of defamation seeks to protect an entity's or individual's reputation. In doing so the law balances to fundamental rights. On one hand a person is entitled to freedom of speech or expression but this must be curtailed by respect for and recognition of a person's right to a reputation. The concept of one's reputation is not limited to individuals it also includes corporate entities which like individuals through years of service by obtaining certain qualifications or simply by maintaining certain practices can develop a clientele, a reputation that earns significant profit or other benefits which may or may not be tangible.
The law makes a distinction between defamatory statements in a permanent as