Defamation

Abstract

Defamation is a complex area of tort law and there are many cases that relate to the area. Due to the extensive nature of this topic, this chapter will not aim to provide and exhaustive examination of this area of law. Rather, this chapter will outline the basic elements of defamation as well as the defences that are available for a defamatory action. The chapter will then consider three areas where defamation actions have been prevalent. Defamation actions are launched in the even that a plaintiff believes that their reputation has been adversely affected by another. Defamation is different to other negligence actions as it relates to the damage that has been caused by another's reputation. Like negligence actions, though, damages are the main remedy. Defamatory actions were traditionally classified in two ways: • libel (defamatory statement in written form); • slander (defamatory statement in form). This distinction has now largely been abolished. Since 2006 the legislation relating to defamation in Australia has been largely unified and the legislation across Australia is now known as the uniform defamation legislation.