LAWS 204 - 'Defamation'

Front

How do the courts ascertain whether the statement was defamatory?

Back

The courts look at the whole context behind a statement to decide whether it is defamatory.

Such context can include a publications entire content, in that if there is something in the publication that mitigates or enhances defamation, then that is a material fact that the courts will take into account.

However, this context may be different in the case where a statement is published on social media. Because a reasonable consumer of such media, may not derive an implicitly perverse meaning from statements, statements on social media often lack a preverse meaning to constitute as defamatory.

However, because social media posts often lack the comprehensive content of a traditionally published article, and often just publish headlines, they may still be held liable for defamation, if the statement as it's given is perverse.

Front

What are some other ways that a court can decide that a statement is defamatory?

Back

If the statement contains a perverse meaning that only a specific group of people may be able to construe (i.e. people closely connected with the plaintiff) then the court may hold that that statement is defamatory, because it contains a legal inuendo.

Front

Is the intention of the defendant relevant when determining whether the statements made by them are defamatory? Why/Why not?

Back

No, even if the defendant did not intend to create a meaning which may be perverse in nature, they may still be held liable for defamation, if the court finds an implicit meaning that is perverse - Banks.