The purpose of laws surrounding defamation of character is to protect an individual’s reputation. This area will be controversial from the outset, when human rights issues may arise with respect to another person’s freedom of expression (ie Article 10 of the European Convention on Human Rights). man).
As is the case in most areas of law, the delicate balance that must be established between a person’s reputation and the right of the other person to express oneself is not an enviable task for judges. . . in our time
For a defamation suit to succeed in most cases, three elements must first be established:
– The words are defamatory.
– The words refer to the applicant.
– The words have been published.
We will now examine each of them in more depth.
The words are Defamatory
Although there is no specific definition in law, the factors taken into consideration include the decision whether the material diminishes the applicant’s reputation in the members of society, the defamatory statement made is prevented or avoided the applicant or the plaintiff exposes to hatred, ridicule or contempt?
All relevant factors must be taken into account in this assessment. The ordinary meanings of the word must be considered, but also whether or not there are hidden meanings in the complete and legitimate context of the document.
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The Words Refer to the Applicant
The words refer to the applicant If the material contains the full name or image of the applicant, this article will obviously not be disputed.
However, nicknames or innuendo are often used. The courts have decided that the general test for determining whether the material can be successfully implemented to designate the plaintiff is whether a “reasonable reader” – it is a member of the company – establishes the connection with the plaintiff. them.
The Words have been Published
The legal definition of defamation is the publication of false documents that would reduce the reputation of others in the eyes of a member of society who has a correct thought. The word “publish” immediately brings connotations of something written. However, as any defamation lawyer will tell you, the claim does not have to be successful.
“Published” in this context simply means being passed on to a third party.
The definition of slander, for example, is defamation in a transitional form and does not need to have a written element at all. The words will be enough. Similarly, for a defamation action to be successful, the defamation must be permanent, but it would still be permissible if the defamation takes place on the radio or in a theater, and not in writing.
That said, the vast majority of defamation complaints are a form of defamation written on the Internet, in a magazine or in newspapers. It should be noted that the easier the claim is (i.e. filing a lawsuit for defamation), the greater the burden of proof, since the plaintiff must prove that the actual damage has occurred (tangible). in law.
This makes sense to prevent the court from being flooded with unmanageable claims volume. When words are written in what constitutes defamation, this is not the case. The words are sufficient, and the plaintiff does not have to prove new losses of defamatory material.