First and foremost, truth is an absolute defense to a defamation lawsuit. The current state of defamation law european parliament. Many defamation lawsuits are based on the question of whether a statement about. The defamation act s 31 provides a defence of honest opinion that is similar to the common law fair comment defence. Taken at face value this definition is obviously far reaching. These laws may be known, inter alia, as insult, libel, slander or desacato laws. The only legitimate purpose of defamation laws is to protect people from false. Criminal defamation is the act of offending or defaming a person by committing a crime or offence. Just as with the common law, the statutory defence can only be defeated if a plaintiff can establish that the opinion was not honestly held by the defendant. Another defence to defamation exists if the publisher can prove that the. Analysis of the draft laws amending the defamation. Lets look at some of these defenses in a little more detail. If the statement that is the subject of the suit is true, and you can prove it, your attorney can move to have the plaintiffs claim dismissed. Defamation is the publication of a statement which tends to lower a person in the estimation of right thinking members of society generally, or which tends to make them shun or avoid that person.
An imputation which exposes one to disgrace and humiliation, ridicule or contempt, is defamatory. Lecture notes defences to defamation tort law 454z0106. Order prohibiting the publication of a defamatory statement. Defamation takes two forms, slander oral defamation and libel written defamation.