A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Defamation Of Character Law In Fiji In King
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Multi-State
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King
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US-00423BG
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FAQ
Section 500:- Punishment for defamation Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The government can't punish a person for defamation because it's not a criminal offense. Defamation is a tort cause of action, however. This means a person can file a civil lawsuit against someone if they suffer injury because of that person's defamatory statements.
The amount one can sue for defamation varies widely based on several factors including the severity and extent of damage caused by the defamatory statement. However, damages typically range from thousands to millions of dollars depending on circumstances such as loss earnings and emotional distress.
To be classified as defamatory, a statement must be injurious. The entire purpose of a defamation of character lawsuit is to prove that the statement in question caused damage to the victim. The claimant in a defamation case must prove that the false statement damaged their reputation.
And for emotional distress In some cases punitive damages may also be awarded Punitive damages areMoreAnd for emotional distress In some cases punitive damages may also be awarded Punitive damages are intended to punish the wrongdoer.
Order prohibiting the publication of a defamatory statement. (b) the defendant has no defence to the action that is reasonably likely to succeed.
3Honest opinion (a)any fact which existed at the time the statement complained of was published; (b)anything asserted to be a fact in a privileged statement published before the statement complained of. (5)The defence is defeated if the claimant shows that the defendant did not hold the opinion.
Order prohibiting the publication of a defamatory statement. (b) the defendant has no defence to the action that is reasonably likely to succeed.
VMalicious defamatory Libel, by Imprisonment or Fine. And be it enacted, That if any Person shall maliciously publish any defamatory Libel, every such Person, being convicted thereof, shall be liable to Fine or Imprisonment or both, as the Court may award, such Imprisonment not to exceed the Term of One Year.
Truth is an absolute defence to defamation. The defendant must prove that the defamatory statements were, in fact, true. For instance, if the statements concern the quality of goods or services, the defendant could provide independent testing or other evidence supporting the truth of the claims.
More info
Chapter 34 Laws of Fiji, also known as the Defamation Act, allows the plaintiff not to recover more costs than damages. Since 2019, the Commission has received 4,900 reports of defamation on platforms such as Facebook, TikTok and other social media platforms.Defamation of foreign princes. °70. There is no need to prove special damages in terms of Section 10 of the Defamation Act which states as follows. What does Defamation mean? A portmanteau term covering both libel and slander.
