Torts - Defamation
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| Elements of Defamation | -The statement is defamatory
-The statement refers to the plaintiff
-The statement is communicated to a third party
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| The words must be defamatory -Definitions Sim v Stretch | "A statement which may tend to lower the plaintiff in the estimation of right-thinking members of society generally"-Lord Atkin
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| The words must be defamatory -Definitions Youssoupoff v M.G.M. | "A false statement about about a man to his discredit"-Scrutton LJ
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| The words must be defamatory -Definitions Parmiter v Coupland | "A publication without justification which is calculated to injure the reputation of another by exposing him to hatred, contempt or ridicule"-Parke B
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| The words must be defamatory -Definitions Youssoupoff v M.G.M. 2nd definition | "A statement about a man that tends to make others shun and avoid him"-Slesser LJ
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| The words must be defamatory -Definitions Thornton v Telegraph Media Group Ltd | May have introduced a new requirement for substantial harm to the plaintiff
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| Illustrations of defamation | -Imputations of anti-social behaviour
-Imputations of fraud, dishonesty, criminal conduct
-Humor
-Statements tending to make people 'shun and avoid' the plaintiff
-Imputations of incompotence or unfitness for a job
-Imputations of financial difficult
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| Imputations of criminal conduct | -Stating P has committed a crim offense can be defam if mistake is made as to actual offense
-Proof of P's conviction for offense is conclusive if it subsisted at the time statement was made
-Saying P is suspected of a crime can also be defamatory, it i
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| Imputations of criminal conduct: Loutchansky v Times Newspapers Mitchell v Hirst | -To state that someone has commited a criminal offence can be defamatory, even if the have commited a different one to that stated
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| Imputations of criminal conduct: s 48 Evidence Act 2006 | -Proof that a person has been convicted of the offence is conclusive proof that they commited it if the offence subsisted at the time the statement was made
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| Imputations of criminal conduct: Hyams v Peterson | -To say that someone is suspected of a crime can also be defamatory, it is a question of fact how far the defamatory meaning goes
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| Imputations of criminal conduct: Lewis v Daily Telegraph Ltd | Suggested the use of a three-tier hierachical (in likeliness to be considered defamatory) approach
Tier one-Suspicion implying guilt
Tier two-Suspicion alone
Tier three-Grounds for an inquiry
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| Imputations of immoral or improper conduct or tendencies: Truth v Holloway | Allegation that minister had misused his position- allegation was untrue
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| Imputations of immoral or improper conduct or tendencies: Shadbolt v Independent New Media (Auckland) Ltd HC | Involved article suggesting that Shadbolt was a hypocrite and was not a caring mayor
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| Imputations of immoral or improper conduct or tendencies: McLean, Smale & Phillips v Vickery | Allegations that local body officials were corrupt in carrying out their duties.
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| Imputations of immoral or improper conduct or tendencies: Polanski v. Conde Nast Publications Ltd | Article in Vanity Fair about Roman Polanski suggested that on the way to his wife's funeral, he propositioned another woman. Suggested he was callous etc. He won claim.
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores Slazengers Ltd v Gibbs | Allegation Slazenger was a German company. It was defamatory due to the german war context.
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Brooks v Muldoon | Muldoon said Brooks was a left-winger – defamatory given context of red-scare Communist Cold War times
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -New Zealand Magazines v Hadlee | -Allegation Hadlee was having a lesbian affair with another woman.
-Court did not make a finding as to whether alleging homosexuality was defamatory- both counsels accepted it was, so Court did not make a ruling.
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -Cruise v Express Newspapers Plc | Claim upheld for allegation that Cruise was gay
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -Television New Zealand Ltd v Quinn | Obiter: McGechan J in the Court of Appeal
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| 'An allegation of homosexuality or lesbianism might be viewed less seriously now than twenty years ago.' |
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -John Fairfax Publications Pty Ltd v Rivkin | Kirby J:
"Whether [an allegation of homosexuality] it does or does not harm a person's reputation to publish such an imputation is related to time, personality and circumstance"
-However this is not entirely correct in the example it gives: someone whos
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| Imputations of immoral or improper conduct or tendencies: -Relevance of context, social attitudes and prevailing mores -Homosexuality -Liberace v Daily Mirror | Liberace sued for defamation, they could not prove he was gay so Liberace won claim.
-Was an imputation he was gay, not direct accusation
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