Elements Of Defamation In Australia In King
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Defamation defences include public interest, truth, honest opinion, absolute privilege, and innocent dissemination.
What are the fundamental principles of defamation laws in Australia? 1. Burden of Proof: In defamation cases, the burden of proof rests with the individual alleging defamation, referred to as the plaintiff. To succeed in a defamation claim, the plaintiff must provide compelling evidence in support of their case.
Any person can sue for defamation. As discussed earlier, the principle elements of the cause of action are: (1) the communication has been published to a third person; (2) the communication identifies (or is about) that person; and (3) the communication is defamatory.
The defamation reforms have introduced a threshold requirement that the allegedly defamatory matter has caused (or is likely to cause) serious harm to the plaintiff. A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'.
The onus of proof lies upon the defendant to establish matters relevant to the defences, such as qualified privilege, but once these elements have been established, the burden of establishing malice lies on the plaintiff, not upon the defendant: Dillon v Cush 2010 NSWCA 165 at 63–67.
Elements, defences, and remedies (2) The communication must identify, or be about the plaintiff. (3) The communication must be defamatory. (4) The plaintiff must prove that the publication has caused (or likely to cause) serious harm.
Absolute privilege This means no action for defamation can be brought, even if the person who makes the defamatory statement knows it was false and made the statement with the intention to damage the affected person's reputation.
Absolute privilege is an immunity from an action that protects a person or class of persons from a law suit, even if the action had a malicious motive or was false. The most common types of action that may be subject to the immunity is defamation.
Truth is widely accepted as a complete defense to all defamation claims.
