WORDS OF WOUNDS: UNDERSTANDING THE LAW OF DEFAMATIONS






Have you ever heard a rumors that was not true or someone spread lies about you? Imagine how damaging that could be! That is where the law of defamation steps in. 


        What is defamation? Under law of tort, defamation is an act where one’s spreading bad news about another person with the intention of discrediting that person or causing harm to their good reputation. Nowadays, many people tend to voice out their opinion when they disagree on something especially on the internet. Whether it's a social media post, a news article, or a casual conversation, words have the power to shape public perception. Furthermore, with the advent of social media and different platforms of internet communication, people are more open to share what they think and feel online without aware of the consequences where nothing is private.

There are two types of defamation:[1]

1) Libel :  Libel is a type of defamation where it is in written or published form. For example,  newspaper, online posts, or even images and videos.

2) Slander : Slander in the law of torts is a form of defamation that involves making false, spoken statements about someone, which damage their reputation. 


 

If the person was found guilty for the defamation, he still can seek for reliefs. The remedies that provided under the action defamation is truth, consent, privileged and the statute of limitations. 

 1) Truth:

If the person can prove that the statement they made is actually true, then it is not considered defamation. Truth is a complete defence because the law does not punish people for speaking the truth, even if it harms someone's reputation.

 2) Consent:

If the person who is allegedly defamed gave permission or agreed to the statement being made, then it cannot be considered defamation. Consent means that the person knew about the statement beforehand and allowed it to be made. For example, if Sarah tells Mike he can tell others about her past mistakes, and Mike does so, Sarah cannot later claim defamation.

3) Privilege:

Certain situations provide protection against defamation claims, even if the statements are false. This is called "privileged" communication. There are two types of privilege:

A) Absolute Privilege: This applies in specific situations, such as statements made in court or in parliament, where people need to speak freely without fear of being sued.

B) Qualified Privilege: This applies in situations where the person has a duty to make the statement, such as a job reference. The statement must be made without malice and in good faith. 

4) Statute of Limitations. 

There is a limited time period within which a defamation claim must be made, known as the statute of limitations. If this time period has expired, the defamation claim cannot proceed. For example, if the statute of limitations is one year, the person must file the defamation lawsuit within one year from the date the statement was made. These defences help balance the right to free speech with the protection of


LEGAL PROVISION: 

In New York Times Company v Sullivan, the case arose when L.B Sullivan, a city commissioner in Montgomery, Alabama, sued the New York Times for defamation over an advertisement that criticized the police department's treatment of civil rights protesters. The ad contained some factual inaccuracies, and Sullivan claimed it defamed him personally.

The Supreme Court ruled that public officials could not recover damages for defamation unless they could prove "actual malice", that the statement was made with knowledge of its falsity or with reckless disregard for the truth.






References:

1) https://www.nolo.com/legal-encyclopedia/libel-vs-slander-different-types-defamation.html#:~:text=Someone%20can%20make%20a%20libelous,food%20poisoning%20at%20a%20restaurant 

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