Defamation & Privacy

Constitutional Right to Good Name The Constitution provides that the State will guarantee in its laws to respect and, in as far as practicable by its laws to defend and vindicate, the personal rights of the citizen. … Read the rest

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Qualified Privilege Where qualified privilege applies, a statement which is honestly made in good faith enjoys a defence to an action for defamation. The protection is lost if the statement is made in bad faith or maliciously.… Read the rest

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Republication A whole chain of people may publish and republish a defamatory remark. This may include a person who makes and repeat the remark, publishers and printers. Traditionally, it may also include wholesalers, shopkeepers and suppliers.… Read the rest

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Defence of Truth I It is a defence to an action for defamation to show that the alleged defamatory statement is substantially true.  This defence reflects the principle that a person should not be compensated for damage done by a statement which is, in fact, true and accurate. … Read the rest

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Damages for Defamation The primary remedy in a defamation action is damages. The purpose of damage is to vindicate the plaintiff’s good name and reputation.  Damages may be awarded as a single sum or may be broken down into various heads of loss.… Read the rest

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Defamation Remedies. The normal remedy for defamation is damages.  In some cases, however, damages may not be an adequate remedy, and an injunction may be granted.  An injunction may issue to prohibit an anticipated publication, in very exceptional circumstances.… Read the rest

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Public Domain If conduct is unlawful or immoral, a right of privacy which might otherwise exist, may be denied.  It does not follow, however, that people previously convicted of crimes forfeit all privacy.  The courts have been reluctant to be judgmental in assessing morality in the context of expectation of privacy. … Read the rest

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Privacy Rights The law on privacy has developed significantly over the last 30 years.  At common law, there is no specific tort which protects privacy.  A number of torts indirectly protect privacy, such as the those in relation to trespass, defamation, injurious false and nuisance. … Read the rest

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