The West Bengal National University Of Juridical Sciences

The West Bengal National University Of Juridical Sciences
The West Bengal National University Of Juridical Sciences
Torts Tutorial Final Draft
Defamation
Akshit Goyal (212089)
8/16/2012
I. Introduction
As stated in Dixon v. Holden "A man's reputation is his property, and if possible, more valuable than
any other property"
Defamation refers to the lowering of one's reputation in the eyes and minds of the right thinking and
reasonable members of the society. Privacy can be understood as "The right to be let alone"
Invasion of privacy means the "unauthorized interference with a person's seclusion of himself from
the public"
Invasion of privacy and publication of such private information may result in the defamation, and as
such, a cause of action for defamation arises. This essay ... Show more content on Helpwriting.net ...
These are:–
1) The Statement should be defamatory
A defamatory statement is any statement "which
a) Exposes the plaintiff to hatred , contempt , ridicule , or obloquy; or
b)Tends to injure him in his profession or trade ; or
c)causes him to be shunned or avoided by his neighbours"
In the present fact situation, with the publication of the nude photos of Princess babe and Prince
Skaterboy, especially in the state of 'United Boredom" which is a state known for its
conservativeness and respect for its strong culture and tradition, it can safely be deduced that it
would have damaged the reputation of the plaintiffs in the eyes of the members of the society.
2) The words must refer to the plaintiff
In the magazine, "Spice–it–up", the nude photos of the plaintiffs were published, and was captioned
"celebs these days have become so open" on the cover.
The photos were also printed inside the magazine, along with the details of the past affairs of
Princess Babe. Analyzing this, it can be concluded that the words which were published did in fact
refer to the plaintiff.
In the case of Mrs. Gossipy, She expressly referred to the impending King and Queen of United
Boredom, who we know are Princess Babe and Prince Skaterboy, so it is res ipsa loquitor that her
statement referred to the plaintiffs.

3) The statement must be published
The statement was published both on the cover page of the magazine, and inside the magazine, so
... Get more on HelpWriting.net ...

Apprentice
Issues:
Whether Chef See Deh could take action against Chef Becok for defamation?
Principle of law: Defamation exists where there is publication that has tendency to lower the
person's reputation or to cause him to be shunned or avoided by reasonable person in society and
thereby adversely affecting his reputation. The applicable law in Malaysia in governing this tort case
is Defamation Act 1957. According to Lord Atkins in the case of Sim v Stretch, defamatory
statement is one which injuries the reputation of another by exposing him to hatred, contempt or
ridicule or which tends to lower him in the esteem of right–thinking members of society. There are
two different type of defamation namely libel and slander. Libel is defamation ... Show more content
on Helpwriting.net ...
A caddy was seen pointing to the plaintiff, indicating that the plaintiff's performance was as good as
the quality of the defendant's chocolate. The advertisement was for the defendant's choc. The
words/picture were not defamatory on the face of it but the innuendo was that the plaintiff had
received payment for the advertisement. Defendant liable as those who knew the plaintiff status may
assume plaintiff consented and been paid for the advertisement. Second element is the words must
refer to the plaintiff. The plaintiff must prove the defendant's words refer to him. The test to be
applied is objective test, which are the words it would be reasonable in the circumstances to lead
persons acquainted with the plaintiff to believe that he was the person referred to? The plaintiff need
not necessarily named may be described (word, picture & etc) so as to be organized. In Atip bin
Ali v Josephine Nunis & Anor the defendant sued Datuk Rahim Thamby Chik for breach of
promise to marry but did not pursued her claim after the writ had been filed. The newspaper found
out about the writ and published the matter. The plaintiff and all UMNO members of Alai Melaka
claimed that as a result of the publication the members of PAS and Wanita UMNO avoided them
because they supported an adulterer. The court held that the word UMNO did not appear in the writ.
If

Response: Defamation Law Under Tort Law
Response: Defamation Law is under Tort Law and it is referred to as "false statements about a
person, communicated as fact to one or more other persons by an individual or entity (such as a
person, newspaper, magazine, or political organization), which causes damage and does harm to the
target's reputation and/or standing in the community". State legislation primarily addresses
defamation. In these cases, Constitutional law can be applied to certain defamation claims due to the
right of free speech. Slander and libel are categorized as different forms of defamation.
Tell me the difference between libel and slander?
Response: Libel is defamatory statements or pictures published in writing or print, along with
different forms of broadcast media such as television and radio. Ultimately, the publication doesn't
need to be made to more than one person to qualify as some form of libel. In order for something to
be considered libel, it must be presented as fact and not opinion. If a deceased person's reputation is
libeled by somebody, the target or victim's remaining successors can possibly take action on the
suspected crime. ... Show more content on Helpwriting.net ...
While consequences and concluded damages of slander are generally tougher to identify and prove,
if malice is involved, it can make it easier to accomplish this goal. In order for something to be
considered slanderous, a statement must be represented as fact and not opinion. Slander of title
refers to a remark involving property ownership, which defames an owner and their ability to
transfer the property, resulting in a monetary

Advantages And Disadvantages Of Alternative Dispute...
Arbitration:
I: In the arbitration process, the parties bring a dispute in front of an arbitrator that imposes a
decision. To avoid various expenses of litigation, disputing parties sometimes agree to have a third
party decide the merits of the dispute.
R: Arbitration is the most widely used Alternative Dispute Resolution (ADR) technique. The parties
refer their disputes to a third person that tries to solve the disputes outside the courts. Most state
have statutes under which arbitration clause will be enforced.
A: The dispute will be decided and imposed by one or more persons, a neutral third party or experts,
that make decisions called arbitration award. Its goal is providing a relatively quick and inexpensive
resolution of disputes. The process should be faster than court procedures and the parties can choose
as a dispute resolver someone with experience in the subject if they want to. Arbitration has
advantages that includes savings of time and cost because it is less expensive and less time than
going through courts.
C: Even if arbitration has some disadvantages, for examples it includes the lack of precedent, very
limited possibilities of appeal and most of the time there is no explanation for the reasoning behind
the award, it is still the most widely used ADR technique. A lot of parties choose Arbitration,
because of its advantages that I have mentioned before.
Defenses to criminal liability:
I: Parties that ask for defenses to criminal liabilities would like

Law Paper
Good Afternoon,
Upon reading your story and going over what happened, with my extent knowledge in media law I
have come to the conclusion that you will run into some legal troubles. You are looking at a
defamation lawsuit. Firstly, I think it is important to understand what exactly that is, some possible
defense options and as well as ways to avoid a lawsuit like this in the future.
Understanding Defamation: According to Canadian law defamation can take two forms, slander and
libel. Slander is defined as the defamation of a person, group, organization, product, government or
country that was in the form on spoken words, sounds, sign language, or gestures. Libel is the same
thing but the defamatory statement was made in written or printed ... Show more content on
Helpwriting.net ...
(referring to website, further research should have been conducted)
(5) The status of the information: the allegation may have already been subject of an investigation
which commands respect.
(6) The urgency: How important is it to communicate the information as quickly as possible?
(7) Seeking balance: Whether comment was sought from the plaintiff, although this may be
unnecessary, impractical, or obviously futile.
(8) Reflecting balance: Whether the story contained the plaintiff's side of the story.
(9) The tone of the story: A publication or broadcast outlet can raise queries or call for an
investigation without adopting allegations as statements of fact.
(10) The overall circumstances of the story, including the timing of publication.
Several judges have cited the case's factors. The guidelines were found in Defamation Suits Can Be
a Tricky Business By David A. Crerar
Now in regards to dealing with a a libel defamation case, there are defences you can take and they
are as follows; (White, A Primer on the Law of Defamation in Ontario)
a) Truth: The first defense is the defense of truth, meaning that if a statement made is attacked as
being defamatory, the defence can be made that the statement was truthful and therefore there was
nothing false about the statement, meaning therefore, that the statement was not defamatory. (White,

Libel: Gregory V. Gregory Case Analysis
Libel is false, "published or broadcast communication that lowers the reputation of an individual by
holding him or her up to contempt, ridicule, or scorn" (Pember, 691). Defamation is a broader, more
encompassing term that includes both libel, which is published defamation, and slander, which is
spoken defamation. In the case Gregory v. Gregory, plaintiffs Robert, Christopher, and Samuel
Gregory sue their brother, W. Patric Gregory III ("Patric Gregory") for libel. The brothers are in a
family business together called New Jersey Galvanizing and Tinning Works, Inc. ("NJG"), where
one of the plaintiffs, Robert Gregory, is the president. A few years ago, the plaintiffs were involved
in a dispute that did not include the defendant Patric ... Show more content on Helpwriting.net ...
Defendant Patric Gregory did not demonstrate the existence of a qualified "family relationships"
privilege because there was insufficient evidence to conclude Patric's reasoning for sharing the
Binder with his family members was necessary. Therefore, the court dismissed the defendant's
motion for the New Jersey law to recognize his proposed family–relations privilege.
Since Defendant Patric Gregory argues that statements made in the Binder are protected under "a
subset of the common–interest privilege," ECF No. 15 at 18, the court treats the argument instead as
a qualified privilege matter, rather than a "family relationships" privilege matter. Qualified privilege
is recognized under New Jersey law as "a communication 'made bona fide upon any subject–matter
in which the party communicating has an interest, or in reference to which he has a duty, is
privileged if made to a person having a corresponding interest or duty, although it contains
criminatory matter which, without this privilege, would be slanderous and actionable." Professional
Recovery Services, 642 F. Supp. 2d at 400. In order to assess if a qualified privilege exists, the New
Jersey Court refers to "(1) the appropriateness of the occasion on which the defamatory information
is published, (2) the legitimacy of the interest thereby sought to be protected or promoted, and (3)
the pertinence of the receipt of that

Persuasive Essay On Cyber Gender Harassment
Therefore, the more we wait for a solution, the more women get subjected to online abuse Providing
a solution for cyber gender harassment is in many ways difficult not just within the African context
but all over the world. This is because democratic countries as well as human rights believe in
freedom. "First Amendment protects the right to speak anonymously. In McIntyre v. Ohio Elections
Commission, the Supreme Court held that First Amendment protection extends to a writer's decision
to speak anonymously" (Jameson 2008, pg. 239). To ban people from using the internet will impede
their freedom of expression which is a right that we all should have (Hackett, 2016). Therefore in
most democratic countries the law operates in protection of the first amendment as well as the
anonymity of an individual. Anonymity is also one of the things that enhance free speech. This is
because the individual's privacy is being protected from abuse against governments that hinder free
speech. Human rights activists believe in the right to free speech however great freedom does come
with a great price and in this case cyber harassment and abuse. Therefore tackling cyber gender
harassment will have to maintain the rights of the victim as well as the perpetrator. At the same time,
anonymity constitutes a lack of accountability. There is no sure way to know a perpetrators identity
or and therefore it is hard to hold anyone responsible for the abuses they commit unless the abuse is
reported. As a

The Pros And Cons Of Defamation
Defamation is the general tort that encompasses statements that damages, hurts, or injures one's
reputation. There are different forms of defamation, including libel and slander. The difference
between libel and slander is simply whether the statements are written statements (libel) or spoken
statements (slander). If a person suffers injury to his or her reputation as a result of another person's
statements, he or she can sue under defamation law. It's important to remember that the government
cannot punish a person for defamation because it is not a criminal offense. However, defamation is
an intentional tort and a person can sue someone if he or she suffers injury because of that person's
defamatory statements. As a result, defamation is a civil wrong.
In order to win a defamation case the following elements must be present: 1) a false statement
purporting to be fact; 2) publication or communication of that statement to a third person; 3) the
statement caused injury, damages, or some harm caused to the person or entity who is the subject of
the statement; 4) the statement was false; 5) the statement did not fall into a privileged category.
In order to gain a better understanding of the elements involved in a defamation lawsuit, it's
important to take a closer look at the each of the elements (all listed above). In regards to the first
element, a "statement" needs to be spoken, written, or otherwise expressed in some manner.
Moreover, because the spoken word often fades

The Pros And Cons Of Libel
In general, libel is defined as statement that is published through a certain type of medium such as
books, magazines, and newspapers. In another form of understanding, libel is a source of defamation
in which it is done through written statement, printed words through books, pictures and
illustrations, and other forms of words that can last in a long–term. Objectively, libel is done to harm
a person's reputation that in turn will result the victim to avoid these people. In a broad sense, libel is
considered as a defamation either permanently or in written form such as book or newspapers
(Jones, 2006). It is stated also that libelous statements in printed copy would have critically a serious
long–term impact on one's image or reputation as compared to words which are voiced out during a
public discussion or in an argument. Libel and slander can be quite similar in some sense. To
differentiate, slander is done through spoken words and statement whereas libel is through printed
words. Hypothetically, spoken words maybe forgotten as time goes by, but printed words are still in
the atmosphere because the content is still kept whether in books, newspapers and magazines. In a
brief conclusion, there is a difference between slander and libel: the action of libel will prove that
damage is considered as undisputable in ... Show more content on Helpwriting.net ...
To make it clear, this type of libel is obliged to deduction and is more equivocal. Libel per quod,
simply means "because of circumstances" or "by measures of circumstances". Apart from that, the
statements and phrases in libel per quod maybe risk–free in themselves, but it could be libelous if
they are attached in circumstances. Frequently, such circumstances unanticipated by the publisher,
of which the material can be claimed as in a good faith with no

Tort Of Defamation In Canada
Overview of Defamation: What is Defamation? In order to understand how the legal atmosphere and
framework for defamation in Canada hinders political satire, it is important to understand the nature
of the tort of defamation in Canada.
Defamation is considered to be any statement made to the public that has the ability to damage
reputation. The British definition is often cited by Canadian courts:"...tends to lower a person in the
estimation of right–thinking members of society generally, or to cause him or her to be shunned and
avoided, or to expose him to hatred, contempt or ridicule, or to convey an imputation on him
disparaging or injurious to him in his office, profession, calling, trade or business." The statements
made against plaintiff's ... Show more content on Helpwriting.net ...
This makes the tort of defamation unique among all other common law torts. The Ontario Civil
Liberties Association best explains this: "Defamation is the only common law tort (or cause of
action) where damages– actual damage to reputation– and malice (malice of defamation) are
assumed, and need not be proven in court. The result is a presumption of guilt– regarding falsity of
the expression, malice of the defendant, and damages to the plaintiff– that can only be overturned if
the defendant can prove one of the available defences, which are strictly limited and codified." With
this interpretation, a defamation suit is more plaintiff friendly. In fact, defamation and damage to
reputation are presumed if the plaintiff can establish that 1) the statement refers to them; 2) the
statements were published to at least one other party; and 3) the words used are capable of causing
harm to their reputation. Assuming that all three of these elements are present, the burden shifts to
the defendant to prove that the statements are true or fall under one of the acceptable defenses. The
plaintiff friendly nature of defamation is best exemplified in the decision by the Supreme Court that
"the plaintiff is not required to show that the defendant intended to do harm, or even that the
defendant was careless...the tort is thus one of strict

Defamation Law: Libel And Slander Essay
The civil liberties that the American people have are inalienable rights. The most important of these
is the freedom of speech. Yet freedom of speech is not entirely protected; using hurtful, false, or
damaging speech is not allowed. But how can the American government control something as basic
as speech? There are laws against libel and slander but how are they perpetrated? This essay will
explain how the court cases and laws have evolved and been clarified throughout America's history
up to present day. The meaning of libel is a false and malicious publication printed for the purpose
of defaming a living person. Now there have been hundreds of cases of libel in the United States.
Some significant court cases are ones like New York ... Show more content on Helpwriting.net ...
The second major cas in that helped to clarify the meaning of libel was the court case of Crutis
Publishing Co. v Butts. The case helped to clarify the meaning of defamation claims brought by
private individuals. The case held that news organizations were protected from liability when
printing allegations about public officials, although they may still be sued by public figures if the
information they printed was recklessly gathered or if it was left unchecked. Again because it is
difficult to prove either of theses, the press ended up with more freedom to print political corruption
and scandal. The meaning of libel was clarified in other such court cases as Gertz v. Robert Welch,
Inc., 418 U.S. 323 (1974). This case is about the murder of young man by police officer, Mr Nuccio.
The victim's family appointed lawyer Elmer Gertz to represent them in court. The lawyer Gertz was
later in an article Robert Welch's magazine, American Opinion, about communism and how the
murder was a setup to try to create a communist government in america and discredit police officers.
The article also said falsely that Mr Gertz was a crimminal and that he was a communist. Gertz filed
a lawsuit stating that he was wrongly accused of being a communist and that the other statements
made in the article were false. He used the court cases of New York Times v Sullivian and the other
case Curtis Publishing Co. v. Butts to prove his case. The

The Issue Of Social Media
Introduction In the issue of social media networking utilized by educators to communicate with
parents and the community, what protective measures must be enforced or what regulations apply
when harassment towards the teachers is apparent? Children and teens of today will never know the
world obsolete of social media. The impact of social media is becoming larger each and every day.
Not only are children and young adults intrigued, but a large number of the world's population. As
of the third quarter of 2016, Facebook had 1.79 billion monthly active users. In the third quarter of
2012, the number of active Facebook users had surpassed 1 billion (Silverman, 2016). With that
being said, Facebook is the largest social media platform during this time and age. Bullying is
growing in social network sites from parents to teachers by making statements that undermind them
and the pupils as well. In 2009, research by the Association of Teachers and Lecturers (ATL) and the
Teacher Support Network suggested 15% of teachers had experienced cyberbullying, and it is
believed this figure is growing (Eade, 2011). Parents have the potential to post anything they want
such as racist, sexist, or other comments about their children's teachers to social media sites.
Teachers have enough pressure and should not have to worry about posts made about them. Some,
but not all post falsely made accusations that certain school staff are pedophiles and are having
sexual relations with the pupils. This

Legal Challenges In Modern Business : The Fine Line...
Legal Challenges in Modern Business: The Fine Line Between Torts and Crimes
The First Amendment to the U. S. Constitution–the right of free speech–is the fulcrum
of the business function. The foundation of that function is the formal contract, the basis of
agreements in any business enterprise, from the initial business license to verbal or written
agreements with customers and clients. To appreciate the impact of human exchange on society
requires a general overview of the interplay of contracts, torts and crimes as managed in the existing
legal system. Eventually, some part of the legal system will evolve to reflect current social
awareness, while maintaining the spirit of the law.
Understanding the complex relationship of these ... Show more content on Helpwriting.net ...
Phishing is one example of Internet "scams," where one receives an email message with an
appearance mimicking a legitimate company. Such a tactic, requesting financial or contact
information as an attempt to steal identity, is a threat to the wellbeing of society as a whole.
c) Arson is the pre–meditated act of burning property by the use of fire or explosives to receive
insurance monies or to damage evidence in the way of records.
d) Embezzlement is a well–known crime that occurs on small or large scales. This classification of
crime usually develops from an employed person who has proximity to funds, databases, or
intellectual property. One example of this crime is the case of famed author Danielle Steele's
secretary, who embezzled nearly a million dollars by skimming monies off the top.
A small–town example is the case of a sole attorney's secretary who cheated clients as she entered
trust fund debits that totaled more than was spent on client's work. She was not incarcerated;
however, she lost her twelve–year job and self–respect. A common, and equally criminal act, is
another small–town case of an accountant who left her employ with a national medical service
company. She opened her own service business in a nearby town, using the entire database from her
former employer. She paid a hefty fine and again, lost self–respect and thousands of clients.
e) The final category of crime is

Defamation of Character
Defamation Of Character: Sara Jones v. TheDirty.Com By: Yolandia Bond Park University Abstract
This research paper will explore some of the ins and outs of what "defamation of character" is and
what legal liabilities can come from defaming a person or persons. We will also explore the
Communications Decency Act (CDA) as it comes to what responsibility, if any, is held by
proprietors and curators of websites that allow/encourage slanderous conversation. We will be
examining Sarah Jones v. Dirty World Entertainment, LLC (Jones v. Thedirty.com) to help answer
the questions: what legal liabilities can come from defaming a person or persons, and does a
proprietor/curator of a website have any legal responsibility when it comes to ... Show more content
The CDA states that, in order for a defendant to benefit from the immunity provided by the CDA,
they must pass the three–prong test, which is as follows: 1. The defendant must be a "provider or
user" of an "interactive computer service". 2. The cause of action asserted by the plaintiff must
"treat" the defendant as the "publisher or speaker" of the harmful information at issue. 3. The
information must be "provided by another information content provider", i.e., the defendant must
not be the "information content provider" for the harmful information at issue. Therefore, it is my
opinion, as well as the opinion of the courts, that based on the fact that Richie added a comment to
the original posting that furthered the discussion that was damaging to Jones' reputation, that Richie
did not qualify for immunity under the CDA. Not only did Richie post his own biased comment
regarding the harmful information toward Jones, but he also posted further comments down the line
that were not only intentionally harmful to the plaintiff, but they were also highly "antagonistic". His
further comments include the following: "I love how the Dirty Army has war mentality", in regard
to the poster of his website being intent on destroying the character of individuals being attacked on
the website and decide to fight back through litigation. He also posted later that, "Never try to battle
the Dirty Army", and "You dug your own grave here Sarah". With these

Defamation In Defamation
Defamation is a common issue for lawsuits among celebrities, as can be seen from numerous
examples of court cases (Ciccatelli; Ember; Meade; Robinson and Stolberg; Rolph ). In 2016, The
NY Times published an article about the 10$ million defamation complaint filed by Sean Penn,
famous American actor and humanitarian, against Lee Daniels in September 2015 (Holson). The
latter actor used Mr. Penn as an example for the domestic abuse to make a point about his fellow
actor in the Empire television series Terrence Howard. In the interview to The Hollywood Reporter,
Lee Daniels stated: "[Terrence Howard] ain't done nothing different than Marlon Brando or Sean
Penn, and all of a sudden he's some f–in' demon," said Daniels at the time. "That's a sign of the time,
of race, of where we are right now in America." (Gardner). This accusation was later published by
The Hollywood Reporter and was picked up by a wide number of publications around the globe.
The use of Sean Penn as an example was powered by the ground of accusations, published more
than 20 years before that, stating that Sean Penn assaulted and abused his wife at the time, Madonna
Louise Ciccone, a well–known singer. In order to win the case, Sean Penn would have to prove the
defamatory nature of the statement. This raises several law issues, rooted in the legal definition of
defamation (libel or slander) by US laws ("California Code, Civil Code – CIV § 44."): actual malice
vs. opinion, harmful intent and defamation per se.

Week 3 Monday Discussion
1. What is a tort? A tort is a civil wrong not arising from a breach of contract; a breach of a legal
duty that proximately cause harm or injury to another. The purpose of tort law is to provide remedies
for the invasion of various protected interests. The basic categories of torts are two classifications
intentional and unintentional torts. (p.116)
2. What is a cyber–tort, and how are tort theories being applied in cyberspace? A tort committed in
cyberspace. Tort theories which apply to cyberspace are those of defamation, which is complicated
by the anonymity of the internet service provider (ISP). In order to prosecute, court order is often
necessary to get an ISP to reveal the identity of the source of the comments. (p. ... Show more
content on Helpwriting.net ...
If Irene files a tort action against Darla alleging slander, will her suit be successful? Why or why
not? Yes her suit will be successful, defamation of character, making false, defamatory statements of
fact about others. Breaching orally involves the tort of slander. Made about a person's product,
business, or legal ownership rights of property. (p.119) | | 2. Now suppose that Irene wins the
election and becomes the city's mayor. Darla then writes a letter to the editor of the local newspaper
disclosing Irene's misconduct. If Irene accuses Darla of committing libel, what defenses could Darla
assert? The issue of defamation was a fact or a statement of opinion. Statements of opinion normally
are not actionable because they are protected under the First Amendment. (p.119) | | 3. If Irene
accepts goods shipped from Indonesia that were wrongfully obtained, has she committed an
intentional tort against property? Explain. Yes Irene would be committing an intentional tort. If the
true owner brings a tort action against the buyer, the buyer must either return the property to the
owner or pay the owner the full value of the property (despite having already paid the purchase price
to the thief). (p.127) | | 4. Suppose now that Irene, who is angry with her sister for disclosing her
business improprieties, writes a letter to the editor falsely accusing Darla of

Taking a Look at Defamation
PART A. IDENIFYING DEAMATION
In order to avoid defamation you need to understand it. The aim of this document is to explain what
is defamation and what constitute as a defamatory material. It also outlines how defamatory material
should be dealt with.
Defamation is a set of laws that protect people from getting their reputation injured. It is there to
balance the right of citizens to protect their reputations with the democratic right to the community
to freedom of expression (Media law Book polden and pearson). It offers remedies to aggrieved
persons and offers defences to those accused of producing the defamatory material.
According to pearson and polden the common law definition have taken three forms, framing
defamatory material as a matter that;
exposing the victim the victim to haterad, contempt or ridicule
lower a person in the estimate of right thinking members of society generally
cause person to be shunned or avoided
To defame someone you don't have to make up the false accusations yourself. You can defame a
person by quoting someone else and it's a false defence if you claim you were only quoiting
someone else. (The news manual book of readings). When someone brings a defamation case to the
courts they must prove the following:
Imputation – Material published cannot have hidden meanings, but are judged by the words and
what reasonable people make of it when reading he material. this means that readers don't have to
read between the lines to get

The Defamation Is A Law That Protects The Reputation Of...
Defamation is a law that protects the reputation of people, companies and other organisations. If
something is written down or in any other format permanently, it is libel, slander if it is spoken and
thus damages can be rewarded. Despite this, it also can be protected by defences. This law allows
people, companies and organisations to sue for anything that is harmful or negative towards them. It
is deemed to be a defamatory statement if it: exposes them to hatred, ridicule or contempt, lowers
them in estimation of the right–thinking members of the public, causes them to be shunned or
avoided and/or disparages them in their profession, trade or workplace. There are a multitude of
platforms in which you can defame someone, these include: newspapers, TV, radio, blogs and social
media sites. It is pretty much always defamatory to suggest that a person is a liar, insolvent, a cheat
or facing financial crisis. To determine whether this is libel or not, will depend on if the publisher of
the statement has a defence, such as it is proved to be true.
Working as Journalists, it is important that we are aware of all the implications made by this law.
When publishing and reporting, we are at risk of defaming individuals and groups even if we are
just simply repeating something already published by another body.
The 2013 Defamation act requires that the claimant must show the statement has caused or is likely
to damage his/her reputation. In terms of companies, they must show that

An Agreement Between Two Or More Persons Case Study
1. An Agreement Between Two or More Persons
In your first question you ask what steps must a person take to enter into a conspiracy. The relevant
case law establishes that a "confederacy of two or more persons" is a necessary condition of a civil
conspiracy. Van Royen, 262 Md. at 97–98. Moreover, the agreement must be shown by a
preponderance of the evidence. Out of recognition of the difficulties inherent in obtaining evidence
of agreed–to illicit conduct, however, the agreement can be shown either largely or completely
though circumstantial evidence indicating that the conspirators were engaged in a common plan.
Indeed:
In a civil case not involving a criminal act, conspiracy may be shown by a preponderance of the
evidence and may be proved by circumstantial evidence since almost never is direct evidence
available. Conspiracy may be shown by inferences drawn from the nature of the acts complained of,
the individual and collective interests of the alleged conspirators, the situation and relation of the
parties, their motives and all the surrounding circumstances preceding and attending the culmination
of the common design.
Daugherty v. Kessler, 264 Md. 281, 292 (1972) (citing W. Md. Dairy v. Chenoweth, 180 Md. 236,
243 (1942)).
"In essence the rule is that the plaintiff may prevail if men of sound mind may reasoningly and
reasonably deduce from the facts and circumstances presented to them that there was a conspiracy."
Id. Accordingly, the cases have established

Is Baba Wawa Guilty Of Defamation Of Character And...
In this case, there are two issues. These issues happen when Baba Wawa shows up earlier for the
interview. Instead of saying she was there, she secretly takes pictures of Howard Huge holding one
of the dogs and that of Beauty Queen wiping something from the carpet and apparently crying.
Without inquiry, Baba Wawa decides that Howard Huge is choking the dog, Beauty Queen must be
doomed in her marriage and that the dogs are hidden from people.
The legal issues, in this case, is the defendant, who published the story about the plaintiff, liable for
defamation of character and invasion of privacy? The matter of whether Baba Wawa is guilty of
defamation happens when she publishes a photo of Howard Huge implying that he was mad and
choking the dog. Beauty Queen was cringing and then goes on to make a statement that couple
declined to permit the dogs to be seen and that no one had seen the dogs since the photos were
taken. The publication and statement ruin the couple's image. Their friends are avoiding them, and
they are not enabling them to show the dogs. There is also an issue of whether the Star News is
guilty of defamation by allowing Baba Wawa to distribute the story using their publication. The
matter of whether Baba Wawa is guilty of invasion of privacy occurs when she takes pictures of the
two without their permission. ... Show more content on Helpwriting.net ...
In common law, defamation in writing is classified as Libel, and oral defamation as Slander" There
are four elements of defamation.
i. The plaintiff bears the burden of proving that the defamatory statement made by the defendant is

Civil and Criminal Defamation Laws
Defamation is a published statement that damages someone's reputation or holds them up to ridicule
(Mark, 2011, pg 207). It was originated in the church courts because a person's reputation was
considered a part of his or her soul (Mark, 2011, pg 207). Any living person, small company (fewer
than ten employees) or non–profit corporation can sue for defamation (Maark, 2011, pg 207). While
the dead cannot sue for defamation, where their estates can sue over defamatory material published
before the person died (Mark, 2011, pg186). Besides, anyone responsible for the statement or
publication can be sued for defamation, including the journalist, editor, news director, producer,
publisher and printer (Kenneth, 1996). When such stories make audiences think less of a person in
the community, the person is said to have been defamed. If you have heard conversation in salons,
tea rooms, dressing rooms, you would understand that defamation is almost a daily occurrence in
our lives. In some circumstances, defamation may be justifiable to injure someone's reputation,
therefore it takes two forms which are slander and libel (Maark, 2011). Any defamation that is
"transitory", in other words, not fixed in a permanent medium, is usually considered slander (R1).
Slander is defined as 'defamation in a transient form (Mark, 2011, pg 184). It is the spoken
defamation of a person or entity, as speech (R1). It can also occur through the use of a hand gesture
or verbal communication that

Media Law: Defamation, Copyright, Etc
UNIVERSITY OF SOUTH AUSTRALIA
MEDIA LAW – 2007
1. DEFAMATION
1. Why a law of defamation?
Every member of society has an interest in retaining his or her personal reputation and standing. All
members of the community also have an interest in a free flow of information and communication.
There is a tension between these two interests.
The law represents a balance between personal interests in reputation on one hand and community
interests in free speech and an uninhibited flow of information and opinions on the other.
The law of defamation in Australia has, until recently, lacked uniformity. Given the advances in
technology and the growth of national publications, the pressure for ... Show more content on
Helpwriting.net ...
It is not necessary that the plaintiff be named. The test will be whether the words would reasonably
lead people acquainted with the plaintiff to the conclusion that he was the person referred to :
Knuppfer v London Express [1944] AC 116.
If a defamatory statement made of a class or group can reasonably be understood to refer to every
member of it, each one has a cause of action. In Pryke v The Advertiser Newspapers Ltd (1984) 37
SASR 175, a 'Letter to the Editor' published in The Advertiser criticised the conduct of proceedings
by an Industrial Commissioner, without specifying by name which of the 4 Commissioners had been
concerned. All 4 Commissioners succeeded on the basis that the letter was defamatory of each of
them. In Bjelke Petersen v Warburton [1987] 2 QdR 465, the Leader of the Opposition made
statements about the 'government's corruption and its mismanagement', and said he would be asking
questions about 'which Ministers had their hands in the till'. This was held capable of being
defamatory of each of the 18 members of the Ministry. However, if the class is composed of too
many people, then the matter will be incapable of identifying any particular individual.
Inappropriate use of photographs as 'background' to unrelated publications can lead to identification.

4. Parties
Not only individuals can sue. Partnerships or

Article Reflection Essay
When I first became concerned with what was going on in the world, I always turned to the News
Channel or a documentary to update me on that day's current event. I never opened a newspaper,
magazine, book etc. because I felt it was less time consuming, more intriguing and simpler to
understand if I listened to the story being spoken rather than reading it. Due to this class and our
weekly article assignments, I realized it is much more stimulating to open up a newspaper or print
out an article to read rather than watch a television screen to inform me on what is going on in the
world. Not only did this class help me appreciate reading more, but it also taught me the real
meaning behind key terms and cases that can help me make better use of the article I am reading
rather than trying to understand what the story is. I truly believe these article assignments caused a
major positive impact on my reading abilities, understanding and use of the context and all around
better knowledge on what is going on regarding current events. Since I was a child, I was never big
on reading because my mind would wander off to different places and I would lose track of my
reading. When Professor Varner announced to the class about the weekly article assignments it
really did not sound all that captivating to me. I did not look forward to these assignments because I
knew I had to actually read an article and understand the issue, even though this was extremely easy
going and not time consuming

The Delicate Balance of Regulating Freedom of Speech
Is the Freedom of the press really "free" when it comes bearing stipulations and regulations? Should
we as citizens then live as a democratic society where freedom of speech and press is completely
unregulated? For those readers who say yes, would you then be willing to legalize types of speech
like slander or defamation of character and reputation? This is precisely the tricky and delicate
balance that democratic societies like the United States often have to weigh in which different social
values, for example a right to privacy or a right to not have your reputation falsely tainted, are on
one end of the scale and constitutional values such as an unabridged freedom of speech or press are
on the other. It is first important to point out that "defamation" is just a catch–all term for any
statement that hurts someone's reputation. Written defamation is called "libel," and spoken
defamation is called "slander." Defamation is not a crime, but it is a "tort" or a civil wrong, rather
than a criminal wrong. The law of defamation varies from state to state, but there are some generally
accepted rules. If you believe you are have been "defamed," to prove it you typically have to show
there's been a false statement published to an audience about you, and it somehow injured your
reputation. Public officials and figures have less protection under defamation laws, though, which
means that in order for them to prove a defamation claim, they must also show that the speaker
acted with

Torts And Crimes
Examples of Torts and Crimes
Susie Tejeda
San Joaquin Valley College
July 13, 2017
The definition of Tort is a violation of a duty imposed by the civil law. Originally the word "tort"
meant "wrong" in French. Tort can be a disagreement among two parties but it takes the one of the
injured parties to file claim to get compensated for their injuries. When the case falls under tort the
plaintiff must pay for their own attorney fee and they must convince the court that the defendant is
at fault. (Samuelson, B., 2016)
The definition of crime is an unlawful act. Crime is an act against society. For those who commit
wrongful act will be punished by the authority who I apart of the government. There is district
attorney in every county who will figure out a way to press charges on those who commit crime.
District Attorney works for government. Contract law in a business perspective would be a
competitor who lower the prices or talk bad about the competition in order for them to steal the
customer away from competitors. (Samuelson, B., 2016)
The four elements in a defamation case are as follow: Defamatory statement, Falsity,
Communicated, and Injury. Intentional torts mean to involve harm caused by deliberate action.
There are five diverse kinds of intentional tort.
The first intentional tort is defamation, defamation is a law that protects false statement made
against someone that can affect their image. Defamation can be in written or verbally, written
defamation

Dewey Love's Defamation Report
Sam Superstar, a reported for Anytown Times wrote an article called, "Dewey Love says yes to
Drugs and No to Child Support", based on some information provided by an old High School friend.
Although, he never verified the information, he still proceeded to publish the article. This caused
him to face possible consequences.
Dewey Love wants to sue Anytown Times for defamation. Per the textbook, defamation is, "the
harming of a person's reputation and good name by the communication of a false statement."
(Liuzzo, 2016, p. 52) For Dewey to be able to be successful in his defamation claim he will need to
first, "prove without a doubt that what was said or written about you is not true. Once you have
proved that the statement is in fact false, you have to prove that the other person said the false
statement with the intent of causing you some form of harm." (Hirby, n.d.) ... Show more content on
Helpwriting.net ...
Child support records are considered public and it would be easy for Anytown Times attorneys to
obtain copy of the records. Additionally, a copy of Dewey Love's credit report will be able to show
if he has outstanding child support payments. "The law requires credit reporting agencies to include
information about overdue child support in your credit report." (www.nolo.com, n.d.) Consequently,
"child support arrears remain on your credit report for up to seven years, unless you make a deal
with the child support enforcement agency." (www.nolo.com,

defamation Essay
By definition defamation is the act of injuring someone's character or reputation by false statements.
Cases of defamation are only considered attacks on if they are made in a vindictive or malicious
manner. The person's name is considered not only personal but proprietary right of reputation.
Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term
that encompasses both libel and slander. Libel is a term used to describe visual defamation; as in
newspaper articles or misleading pictures. Slander describes defamation that you can hear, not see. It
is mostly oral statements that tarnish someone's reputation.
Defamation is used mainly in politically based arenas; ... Show more content on Helpwriting.net ...
A legal claim based on defamation entitles the victim to recover aginst the person making the
defamatory remarks or their emotional damages. On top of that the victim could be able to sue for
punishment dammages. Defamation can be proved on a person's word alone. It is much more
successful to have some sort of evidence like a paper, article, an e–mail, etc. In a defamation case
damages do not have to be proven during the testomony. The plaintiff dose not have to testify that
they were emotionaly destroyed or had to seek profesional help. The defamatory statement dose not
have to be published out side of a company or group of people. Internal attacks can also be
concidered defamatory. Each repition of the remark can be concidered a new attack. One of the
biggest problems in proving defamation is that in some cases a person may have privlage to make
the remarks. During a judicial proceding absolute privlage is given. Even if the remark is false the it
can not be concidered slanderous in that setting. The defamer can make intentionaly untrue
statements free of legal reprehension. A person with even a limited privlage such as an employer
may still lose their privlage if the statement is made with malicious intent and reckless disregard.
Due to the impact defamation has on certain groups of people the Anti–Defamation Leauge (ADL)
has been established. It is an American organization set up to fight

What Is The Difference Between Negligence And Strict...
Explain the elements of negligence and strict liability, and describe any differences between the two
terms. When talking about the law the term tort (Liuzzo, 2016, p36) can be used to describe a
negligence and strict liability offence. When something is negligence it is, " The failure to exercise
necessary care to protect others from unreasonable risk of harm" (2016, p57) An example might be
negligence if a store owner was mopping the floor in his shop and someone slipped because the
owner did not protect his customer from unreasonable risk of harm. In this example a cone, a wet
floor sign, and a guy standing guard, would have stopped anyone from walking over the wet area.
The term strict liability has to do with liability of someone even if no negligence was found.
Someone suing for damages under strict liability, must only prove they were using a defective
product, the harm was caused by the defective produce, and that defect caused the product to be
very dangerous.(2016, p62) The difference between negligence and strict liability is that in strict
liability a plaintiff does not have to prove gross negligence. Negligence and strict liability are both
risks of the cost of doing business in today's world. Liuzzo, A. L. (2016). Essentials of Business
Law (9th ed.). New York, NY: MC Graw Hill Edu. Define the terms crime and white–collar crime.
Detail the difference between who typically commits these types of crimes. Provide an example of
each. A crime and a

Analysis of The Defamation Act 2013
The Defamation Act 2013 was passed to help regulation on defamation to deliver more effective
protection for freedom of speech, while at the same time ensuring that people who have been
defamed are able to protect their reputation. It is often difficult to know which personal remarks are
proper and which run afoul of defamation law. Defamation is a broad word that covers every
publication that damages someone's character. The basic essentials of a cause of act for defamation
are: A untruthful and offensive statement regarding another; The unprivileged publication of the
statement to a third party; If the offensive situation is of public concern, fault amounting at least to
carelessness on the share of the publisher; and Injury to the ... Show more content on
Helpwriting.net ...
A third party is somebody who is away from the person making the announcement and the issue of
the statement. Disparate the original significance of the word published, a defamatory statement
does not have to be printed in a book. Relatively, if the statement is heard over the television or seen
scribbled on someone's door, it is considered to be published to succeed in a defamation claim, the
statement must be proven to have produced injury to the subject of the statement. This means that
the statement must have hurt the reputation of the subject of the statement. As an instance statement
has cause trouble when the issue of the announcement lost effort as an outcome of the statement.
Defamation law will only consider statements defamatory that are true. A statement that is true about
a person even if it is very hurtful is not proven to be defamation. In most cases because of the
nature, statements of judgment are not considered false because they are subjective to the speaker. A
statement must be unprivileged in order to be defamatory. Policymakers are positive that people
cannot sue for defamation in certain instances when a statement is considered privileged. For
instance, when an eyewitness swears at trial and makes a statement that is both false and harmful,
the eyewitness will be free to a lawsuit for defamation because the act of testifying at trial is private.
Whether a statement is confidential or

Food Disparagement Law Or Veggie Libel Law
Food Disparagement Laws
Food Disparagement Law or "Veggie Libel Law" describes the new libel laws that impose penalties
on anyone who comments about perishable food products in a manner deemed inconsistent with
"reasonable or reliable scientific inquiry." 
Food disparagement laws began cropping up in the early 1990's, after a consumer scare over the
pesticide Alar, a chemical used to lengthen the time that apples ripen on trees. In 1989, the CBD
news program "60 Minutes" broadcast a report that said Alar could cause cancer. Washington State
apple growers filed a defamation lawsuit, contending they lost $100 million in a consumer panic
after the story aired. The suit, however, was dismissed on grounds that the alleged ... Show more
On April 16th 1996, Oprah aired a show titled "Dangerous Foods." On this particular show she had
guest speaker, Howard Lyman, a vegetarian activist and an official with the Humane Society of the
United States, speak on Bovine Spongiform Encephalopathy (BSE) otherwise known as "mad cow"
disease. During the show, Howard Lyman said "mad cow" disease in the United States "absolutely"
could rival AIDS as an epidemic. In addition, he said it already is rampant among cattle in America.
After hearing some of Lyman's statements, Ms. Winfrey responded: "It has stopped me cold from
eating another hamburger. I'm stopped!" After the broadcast, cattle prices plummeted to near ten–
year lows.
"Mad Cow" disease or BSE has never been detected in the United States. No definitive links have
been found between BSE and a human form of the illness.
Paul Engler, owner of Cactus Feeders Inc. in Amarillo, Texas, and other local cattlemen were so
incensed by the program that they filed a lawsuit, claiming more than $12 million in losses.
The parties include Paul Engler and his company, Cactus Feeders Inc.; Texas Beef Group; Maltese
Cross Cattle Company; Bravo Cattle Company; Alpha 3 Cattle Company; and Dripping Springs Inc.
on the plaintiff side and Oprah Winfrey; Harpo Productions Inc.; and Howard Lyman on the
defendant side.
The Nature of the Lawsuit results from the disparaging,

False Statement Of Fact Summary
their work, you should try and get a release from them, and if that is not possible, you should make
strong efforts to change the person's name and as many similarities and characteristics as possible
that may be defined as identifying; the less identifying characteristics, the better. Sedwick also
emphasizes that under United States law, "To prove Defamation, whether libel for written statements
or slander for spoken ones, a plaintiff (target) must prove all of the following: False Statement of
Fact..., Of an Identifiable Person..., That is published..., Causes Reputational Harm..., and Made
With Actual Malice or Negligence...".
Sedwick defines False Statement of Fact as, "If a statement is true, then it is not defamatory no
matter how offensive or embarrassing". She also adds, because opinions are not facts they are
protected. A statement of fact specifically and clearly written is best. Sedwick then defines Of an
Identifiable Person as, to claim defamation the fictional character must consist of ample identifiable
information depicting the target that would lead another person to identify the target, besides the
target ... Show more content on Helpwriting.net ...
Writing ethically and socially responsible promotes positive outcomes and extends the credibility
and a good reputation of a successful writer. Unethical writings and practices do not benefit writers,
nor do they benefit society as a whole. We should always strive to do the right thing, ethically and
sociably for the greater good of others and ourselves, and mainly because it is just the right thing to
do. Ethical beliefs or statements claim that something is good or bad, and therefore are judgmental
and evaluative in nature, which in turn determines if something is acceptable or not

Law Provisions for Journalists Facing Defamation Cases Essay
Law Provisions for Journalists Facing Defamation Cases
The law of defamation exists to protect both the moral and professional reputation of the individual
from unjustified attacks. The law tries to strike a balance between freedom of speech and a free
press with the protection of an individual's reputation.
Should journalists face defamation cases there are defences available. Justification is one of these
defences, to use this defence the journalist must prove that what they have written is substantially
true. Before the defamation act of 1952 was passed, to succeed with a defence of justification you
had to prove the exact truth of every defamatory statement made in the article in question. ... Show
more content on Helpwriting.net ...
The police officer used as a witness claimed he had seen the couple. This example also demonstrates
another point that journalists should be aware of, to ensure their witnesses are prepared to give
evidence. It is often the case that their account of events stands for more than the defendants ie. the
journalist.
A plea of justification can also be difficult when reporting on investigations. It is obviously
defamatory to report that somebody is guilty of an offence, or to report an accusation made by a
third party. The only way a journalist can defend themselves is to prove the person committed the
offence (exception to this are reporting a court case, a police statement, or the report is covered by
privilege). If the journalist has reported that a person is suspected of being guilty then they need to
prove there are 'reasonable grounds' for suspicion. An example of this is the Elaine Chase v News
Group Newspapers Ltd [2002] EWCA case. The Sun Newspaper tried to show there were
reasonable grounds for suspicion after publishing a story headlined 'Nurse is probed over 18 deaths'.
The police had been investigating the fact that a number of terminally ill children treated by one
particular nurse had died. The police concluded there were no grounds to suspect the nurse but this
was after The Sun had published their report. They paid £100,000 damages.
Section 6,

Rolling Stone Report
Was something communicated that could be deemed defamatory? The most likely jurisdiction as per
the Virginia law that would warrant the filing of such a suit is as follows (Loftis, 2015):
A statement is defamatory if it imputes a commission of a crime of the moral turpitude for which
one may be convicted, whether the statement is actionable as defamatory...whether the action is
defamatory are matters of the law for a trial judge to determine.
From the above, gang–rape allegation can be deemed defamatory. According to the Rolling Stone
report, the victim of in the story, Jackie was allegedly raped by members of the Phi Psi. Defamation,
in this case, exists because the statements in the report damage the reputation of the fraternity in an
unquantifiable ... Show more content on Helpwriting.net ...
Was the potential plaintiff a public or private person? A government entity? What standard of fault
must the plaintiff prove to win the legal suit? Yes, the Rolling Stone was legally at fault. The
investigation found about that their failure incorporated editing, editorial supervision, fact–checking
and reporting. The magazine rationalized or put aside as unnecessary significant practices of
reporting which if pursued would have led the editors to reconsider publishing the story so
prominently according to the victim's account. Since the person responsible for the rape is not
actually mentioned, the affected party, in this case, is the fraternity. However, this is a separate entity
and is considered to be private. In order to win the legal suit, Phi Psi should prove that there was
negligence in publishing the report that no considerations were taken during publication concerning
their reputation.
Could potential plaintiff prove the story was false? If so,

A Brief Note On The And Civil Liability
Tortuous Claims– Civil Liability
Facts:
On a TV program named Toffee with Taran broadcasted on Boom TV, a celebrated name Sania
Radukone created an impression communicating her views on her peers. This piece of recording was
discarded from the telecasted show however by one means or another was spilled out onto YouTube
and went viral on social networking sites. The feature was posted by an account named Kamaal
Dhamal Khan. On witnessing this video one of Saina's contemporaries, Safreena Kaif felt
profoundly offended as the views were insinuated towards her which she found to be defamatory.
Safreena thinks of filing a case against Saina Radukone, Boom TV and Kamaal Dhamal Khan.
Saina Radukone:
PROCEEDINGS AGAINST HER–
The facts of the case clearly open up a passage which leads to the issue of Defamation. The word
Defamation has been briefly defined by Professor Winfield as "Defamation is the publication of a
statement which reflects on a person's reputation and tends to lower him in the estimation of right–
thinking members of society generally or tends to make them shun or avoid him".
Saina Radukone on being asked about her peers made a defamatory statement about Safreena Kaif.
Among the two types of defamation that have been classified as libel which is a permanent form of
publication and the other is slander which is generally the spoken words which is transient.
Describing libel further, it includes the distribution of a misrepresentation that damages somebody's

A Man 's Reputation Is His Property
Torts Tutorial
Monsoon Semester
2014–2015
This project has been submitted by–
Anubhuti Gupta
214072
Introduction–
A man's reputation is his property
The right to reputation is a personal right which is jus in rem. Article 19(1)(a) of the Indian
constitution talks about the freedom of speech as a fundamental right conferred to people of India as
a fundamental right. However, Section 499 of the Indian Penal Code describes defamation as a
defence. Hence, defamation forms one of the grounds for "reasonable restrictions" as mentioned in
Article 19 (2). It is thus the balancing of interests that is important in view of the fact that a person's
right to freedom of speech and expression is not curtailed.
This project gives an ... Show more content on Helpwriting.net ...
This clip, however, was edited out by Boom TV from the main episode of the chat show and was not
intended to be aired to the public. However, the clip was uploaded on YouTube under the name of
Mr Kamaal Dhamal Khan and subsequently went viral. The client now plans to sue Ms Radukone,
Boom TV and Kamaal Dhamal Khan for damaging her reputation.
Question presented–Whether the client Ms Sania Radukone claim damages against Sania Radukone,
Boom TV and Mr Kamaal Dhamal Khan for causing damage to her reputation and what are the
specific torts against which she will file her suit.
Issues–
1) Is there defamation of the client in the above case?
2) If there is defamation, then who all are responsible for it?
3) Can there be any other grounds on which the client can sue the abovementioned parties?
Short answer–
The client can sue Ms Safreena for making false defamatory statements and Mr Kamaal Dhamal
Khan for publishing it on YouTube. Boom TV however is not liable for defamation but might be, if
the evidence says so, liable for negligence.
Rationale–
"Defamation is the publication of a statement which reflects on a person's reputation and tends to

lower him in the estimation of right thinking members of the society generally or tends to make
them shun or avoid them."
The necessary elements of defamation are–
1. The statement must be defamatory.
2. It must refer to the claimant.
3. It must be published (conveyed to at

Social Media and the Law
The First Amendment, granting Americans the right to freedom of press, freedom of speech,
freedom of religion, freedom of assembly and freedom to petition the government, has been one of
the most heavily debated since its ratification in 1791. For years, court cases pertaining to the
amendment have abounded, particularly in relation to the freedom of speech. From cases defining
obscenity to those allowing for expression, the meaning of the freedom of speech has changed
greatly through the years. Similarly, so has the freedom of press. As technology evolves – from the
first printing press to Google Glass – so too does the media. New media calls for new laws and
precedents, and social media has been no exception. The rapid pace and ... Show more content on
Helpwriting.net ...
A federal court ruled that online services were simply distributors and therefore not liable for any
information posted on their servers (Cubby, Inc. v. CompuServe, Inc.). This set precedent for online
libel for years to come. A 1995 case, Stratton Oakmont, Inc. v. Prodigy, had a different outcome for
internet service providers. Prodigy hosted a "Money Talk" bulletin board open for user comment,
and on that board, a user alleged that Stratton Oakmont, Inc. and its president had committed
criminal and fraudulent acts. The company and its president then sued Prodigy for defamation,
contending that Prodigy was a "publisher" and therefore liable. The plaintiff argued that this case
was different than Cubby v. CompuServe because Prodigy said on its bulletin board that it exercised
editorial control, and the court found this to be true, ruling in favor of Stratton Oakmont, Inc.
(Stratton Oakmont, Inc. v. Prodigy). The nation, and Congress, took note of the decision. A year
later in 1996, Congress passed the Communications Decency Act (also referred to as the
Telecommunications Act). The act changed internet and the First Amendment, and section 230
specifically addressed how interactive computer services were legally regarded. Instead of falling
into a category with newspapers or magazines, which are liable for

Advantages And Disadvantages Of Defamation Act 1957
The Defamation Act 1957 is an act relating to the laws of libel, slander and other malicious
falsehoods. Defamation is a statement (of fact) about an individual, which is published, and which
affects that person's reputation. By looking at the Defamation Act 1957 and the Malaysian Penal
Code, it would be probably rational to note that we have these laws in order to protect a person's
reputation regardless of the notion of press freedom since the right to publish by the media is not
absolute[ http://repo.uum.edu.my/12982/1/1–s2.0–S1877.pdf]. The Malaysian Government through
the Defamation Act 1957 and the Penal Code in the case of defamations there are some
shortcomings and drawbacks of these acts which needs some transformations. There are few notions
and recommendations which might help to soothe the current drawbacks of these acts.
Firstly, there should be a law stating that any defamation regime in Malaysia should respect the
following rules namely; Public officials should not privileged from special protection under
defamatory laws, public bodies should not be able to bring defamation suits and no one should be
held liable in defamation for statements which are true. Privileges, however, are ... Show more
It is because blogs or other Internet communications should be distinguished from the traditional
print media as the online materials are generally not subjected to supervision or moderation prior to
their publication. In relation to this,the court observed in the case that the duty to establish the
element of knowledge should fall on the person who wishes the court to believe in its existence, i.e.
the petitioner. Nevertheless, it should be noted that there is an insertion of a new section 114A to the
Malaysian Evidence Act 1950 which came into force on 31st July

Definition Of Defamation
Defamation
Specific Tort
Tort of defamation protects reputation
Definition – Defamation
Winfield:
"publication of statement which tends to lower a person in the estimation of right thinking members
of society generally or which makes them shun or avoid that person"
Right to reputation – if effected by means of words spoken or written is actionable as civil as well as
criminal wrong
Dixon v Holden 1869
A man's reputation is his property and if possible more valuable than any other property.
Hence an injury to a person's reputation results in substantial damage and the law recognizes it as a
tort and a crime.
A defamatory matter may be of any imputation concerning any person, or any ... Show more content
Explanation 2– It may amount to defamation to make an imputation concerning a company or an
association or collection of persons as such.
Explanation 3– An imputation in the form of an alternative or expressed ironically, may amount to
defamation.
Explanation 4– No imputation is said to harm a person's reputation, unless that imputation directly
or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or
lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a loath some state, or in a state
generally considered as disgraceful.
Position: India & English
English Law: Difference between libel and slander is maintained in imposing liabilities.
Slander is merely a civil wrong in English law except in certain situation it may amount to criminal
wrong. Libel is both civil as well as criminal.
Indian Law: Slander and Libel are treated alike.
Both are actionable per se.
Limitation Period: One year
Essentials
The words must be false and defamatory.
The said words must refer to the plaintiff and
The words must be published.

First –The words must be false and defamatory
Whether a statement is defamatory or not depends upon how the right thinking members of the
society are likely to take it.
A statement is said to be

Ross V Beutel
In the Campbell v. Jones and Derrick case, a constable (Campbell) sued the parents of two girls for
their comments and how they suggested that she was a racist after she conducted a strip search on
two 12–year–old girls after a small theft occurred at an inner–city school. The parents pointed out
that both the officer and the constable were white, and that they devalued the two girls'
constitutional rights because of their skin colour and low social status. They also suggested that this
never would have happened to white children.
In the end, the case did not work in Campbell's favour, as it was overturned in the Court of Appeal,
even though the trial ruled in favour of her. The only problem with her case was that the parents put
forward legitimate concerns about their town's system regarding socioeconomic status issues which,
when you recognize that it's a poorer part of the city, is something that can be fairly ... Show more
Beutel, the defendant won the appeal through fair comment. Fair comment implies that someone can
express a critical comment about one's behaviour as long as it is within the well–being of the general
public. Ross had published Jewish conspiracies and Holocaust denials and was removed from a
classroom teaching. Consequently, Beutel presented to group of teachers a workshop in which,
through cartoons, suggested that Ross was a Nazi. Ross sued for defamation, and failed to have the
appeal dismissed, and so lost the case. The Court ruled that cartoons should not be interpreted
literally, and should only be considered as a satirical rhetoric, or an opinion. It's important to
consider the medium and the audience when interpreting a cartoon, and the teachers at the workshop
were reasonable people who also had a general knowledge about Ross's publishings, so the Court
had a good case in favour of Beutel, since no real harm would have been done to Ross's image due
to the audience knowing full well to not take the cartoon

The West Bengal National University Of Juridical Sciences

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The West Bengal National University Of Juridical Sciences