effect of defamation law to information
MOI UNIVERSITY
SCHOOL OF INFORMATION SCIENCES
DEPARTMENT OF PUBLISHING AND MEDIA STUDIES
FOURTH YEAR SEMESTER 1 2014
INS 414 : LEGAL AND ETHICAL ASPECTS OF INFORMATION
LECTURER: MR. OTIKE
NAME: CARLTON ONG’ERA MORANG’A
REG NO.: IS 1106/2012
What do you consider to be the advantages and disadvantages of the law of defamation with references to the work of information professionals?
Privileges and Defenses in Defamation Cases (Advantages)
Simply because someone defames another person does not mean that a lawsuit will be successful. There are a number of defenses to defamation claims. If the defamer can successfully claim one of these defenses, he/she might be able to win the case despite the defamation.
The major defenses to defamation are:
Truth
The allegedly defamatory statement was merely a statement of opinion
Consent to the publication of the allegedly defamatory statement
Absolute privilege
Qualified privilege
Retraction of the allegedly defamatory statement.
Let’s look at some of these defenses in a little more detail.
Truth
Truth is an absolute defense to defamation. Remember that defamation is a false statement of fact. So, if the statement was accurate, then by definition it wasn’t defamatory.
Statement of Opinion
Once again, defamation is a false statement of fact. For this reason, a statement of opinion cannot be defamatory. However, simply because you might phrase a statement as a statement of opinion does not automatically mean that it will be interpreted as a statement of opinion for purposes of defamation law.
Let’s look at an example to see why this is so. Let’s say that you told someone, “I think that Harold beat up his girlfriend last Saturday,” and, as a result, Harold lost his job and most of his friends. You might say that you were only giving your opinion; you didn’t say, “Harold beat up his girlfriend.” You qualified it by saying “I think.” But simply adding “I think” or “I believe” to an otherwise straightforward statement of
SCHOOL OF INFORMATION SCIENCES
DEPARTMENT OF PUBLISHING AND MEDIA STUDIES
FOURTH YEAR SEMESTER 1 2014
INS 414 : LEGAL AND ETHICAL ASPECTS OF INFORMATION
LECTURER: MR. OTIKE
NAME: CARLTON ONG’ERA MORANG’A
REG NO.: IS 1106/2012
What do you consider to be the advantages and disadvantages of the law of defamation with references to the work of information professionals?
Privileges and Defenses in Defamation Cases (Advantages)
Simply because someone defames another person does not mean that a lawsuit will be successful. There are a number of defenses to defamation claims. If the defamer can successfully claim one of these defenses, he/she might be able to win the case despite the defamation.
The major defenses to defamation are:
Truth
The allegedly defamatory statement was merely a statement of opinion
Consent to the publication of the allegedly defamatory statement
Absolute privilege
Qualified privilege
Retraction of the allegedly defamatory statement.
Let’s look at some of these defenses in a little more detail.
Truth
Truth is an absolute defense to defamation. Remember that defamation is a false statement of fact. So, if the statement was accurate, then by definition it wasn’t defamatory.
Statement of Opinion
Once again, defamation is a false statement of fact. For this reason, a statement of opinion cannot be defamatory. However, simply because you might phrase a statement as a statement of opinion does not automatically mean that it will be interpreted as a statement of opinion for purposes of defamation law.
Let’s look at an example to see why this is so. Let’s say that you told someone, “I think that Harold beat up his girlfriend last Saturday,” and, as a result, Harold lost his job and most of his friends. You might say that you were only giving your opinion; you didn’t say, “Harold beat up his girlfriend.” You qualified it by saying “I think.” But simply adding “I think” or “I believe” to an otherwise straightforward statement of
References: ABC All-Media Law Handbook: for Journalists, Presenters, Program Makers, Authors, Editors and Publishers (Sydney: Australian Broadcasting Corporation, 1994, 2nd edition). Sharon Beder, "SLAPPs: Strategic Lawsuits Against Public Participation," Current Affairs Bulletin, Vol. 72, No. 3, October/ November 1995, pp. 22-29. Robert Pullan, Guilty Secrets: Free Speech and Defamation in Australia (Sydney: Pascal Press, 1994)