CHAPTER 9

DEFAMATION

Hazlin Hasan
Senior Lecturer
BA118
L1 29
011-10407440

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 ELWEMENTS
1) The Words Must Be Defamatory
2) The Words Must Refer to the Plaintiff
3) The Words Must Be Maliciously Published

WAYS DEFINITION
1) Writing OVERVIEW ON
2) Verbally
3) Pictorially DEFAMATION
4) Gesture TYPES
1) Libel
2) Slander
DEFENCES 3) Innuendo
1) Justification
2) Fair Comment
3) Absolute Privilege
4) Qualified Privilege
5) Apology & Payment into Court
2
 DEFINITION

Defamation shall consist of the publication to a 3rd party of matter in

which all the circumstances would be likely to affect a person adversely
in the estimation of reasonable people generally.

OR

Defamation is the publication of a statement which affects a person’s

reputation in that it tends to lower him in the estimation of right-
thinking members of society making them shun or avoid him.

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 WAYS OF DEFAMATORY STATEMENTS
BEING MADE
The ways defamatory statements can be
made:

1) Writing – publishing untrue

statement by writing it down or
printing on a surface by producing
words, letters or numbers that give
necessary information or meaning.

2) Verbally – publishing untrue

statement by expressing it in speech
rather than writing or action.

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 WAYS OF DEFAMATORY STATEMENTS
BEING MADE

3) Pictorially – publishing untrue

statement by using or relating to
pictures that may consist of lines
and shapes which are drawn,
painted or printed on a surface.

4) Gesture – any movement that

have been made with part of
body such as hands or head in
order to express the attitude or
emotion towards something.

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 TYPES OF DEFAMATION
LIBEL SLANDER INNUENDO
Definition: Definition: Definition:
Defamatory statement Defamatory Statement which may not
in a permanent form. statement made appear directly to cast
orally, or in some aspersion (give unpleasant
It can be made in transient form of remarks) upon a person’s
writing, in print or expression (i.e. private character,
some other expressed by competence, or
permanent forms gesture) professional morals -
such as the indirect, hidden or
broadcasting of words extended meaning.
by radio or television.

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 TYPES OF DEFAMATION
LIBEL SLANDER INNUENDO
Legal action for libel Legal action may be - need not be understood
may be taken if: taken where: by everyone,
i) the statement is in i) Statement was - i.e. the implication may
writing, print, or made orally, or in be apparent to only a
some other some transient limited number of
permanent form. form of persons.
expression. - name need not be
ii) Whether the specifically named in the
plaintiff can prove ii) Plaintiff can prove statement:
actual damage or that he sustained - sufficient if there are
not, i.e. he need actual damage some who can be
not have suffered (but doesn’t apply expected to infer that
any pecuniary loss. in all cases). the plaintiff was the
person referred to.
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 TYPES OF DEFAMATION
LIBEL SLANDER INNUENDO
It is not necessary for the plaintiff To prove defamation by
to prove that he suffered any innuendo, plaintiff may:
actual pecuniary damage in the
following cases: i) Although prima facie
i) Slander imputing a crime for (good intention) the
which he could be sentenced statement
to imprisonment. complained of doesn’t
ii) Slander imputing certain refer to him, it might
infectious or contagious reasonably, in all the
diseases to the plaintiff. surrounding
circumstances, be
understood to do so.

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 TYPES OF DEFAMATION
LIBEL SLANDER INNUENDO
It is not necessary for the plaintiff To prove defamation by
to prove that he suffered any innuendo, plaintiff may:
actual pecuniary damage in the
following cases: ii) Although the words
used, when taken
iii) Slander imputing unchastity out of context, were
or immorality of a woman or not defamatory, they
girl. would be likely to
convey a defamatory
iv) Imputations in relations to meaning when
plaintiff’s office, profession published to
or trade. persons.

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 ELEMENTS OF DEFAMATION
1) The words must be defamatory

It is untrue statement and the words tend to lower the plaintiff’s

reputation with the intention to cause him to be shunned or
avoided.

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 ELEMENTS OF DEFAMATION
2) The words must refer to the plaintiff

The plaintiff is mentioned by name or it can be easily proven.

It is not necessary that the defendant should have intended to

refer to the plaintiff.

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 ELEMENTS OF DEFAMATION

3) The words must be ‘maliciously’ published

The statement must have been published with the intention of
evil motives.
The publication is the communication of the words to at least one
person other than the person defamed.
Communication to the plaintiff himself is not enough, for
defamation is an injury to one’s reputation and a reputation is what
other people think of a man and not his own opinion of himself.

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 DEFENCES OF DEFAMATION
1) JUSTIFICATION (or truth)

The defendant must prove that the defamatory words complained

of were true in substance and justified in fact.

Defendant must be able to establish ‘justification’ by evidence,

though he may have been actuated by ill-will or spite.

The defense would succeed even though not every word of the
statement proved to be true but it will be sufficient to show that
the statement is substantially accurate.

An expensive form of defense, as if it fails, the damages

awarded are often high.

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 DEFENCES OF DEFAMATION
2) FAIR COMMENT

A defense available only on matters of public interest.

A defense that protects defamatory criticism or expression of

opinion & newspaper.

The conditions to fulfill in order to establish fair comments are:

a) Public interest: the matters commented upon is of public

interest, i.e. all matters of state & politics, local government, etc.
b) Truth: must be an expression of opinion & not an assertion of
fact.
c) Fair (statement of opinion): must be fair, honest & an
expression of defendant’s opinion.
d) Absence of malice: must not be malicious, without an evil
motive.

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 DEFENCES OF DEFAMATION
3) ABSOLUTE PRIVILEGE
This privilege provides a complete defense, even though the
statement complained of was false or malicious.
The occasions on which a plea of absolute privilege is available may
be classified as:
a) Parliamentary: in respect of statements made by Members of
Parliament in the parliamentary proceedings, but not outside
the Parliament.
b) Statutory: statement given by statue in respect of parliamentary
courts.

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 DEFENCES OF DEFAMATION

3) ABSOLUTE PRIVILEGE
(cont’d)

c) Judicial: statements made in

civil, criminal or military
courts & certain tribunals
with judicial functions.
d) Legal professional:
statements made between
client & legal
adviser/consultant.

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 DEFENCES OF DEFAMATION
4) QUALIFIED PRIVILEGE
If the plaintiff can prove that the defamatory statement
complained of was made maliciously, i.e. by giving undue
publication, a plea of qualified privilege is of no avail to the
defendant.
If however, malice is not proven, qualified privilege extends to the
following:
a) Fair & accurate reports of proceedings in parliament, appearing
in newspaper or elsewhere.
b) Fair & accurate reports of judicial proceedings to which the
public has access.

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 DEFENCES OF DEFAMATION

4) QUALIFIED PRIVILEGE (cont’d)

c) Fair & accurate reports of public
meetings, if publication is for the
benefit of the public.
d) Statements made in discharge of a
legal, moral or social duty, to a
person who has an interest in
receiving such statements.
e) Fair & accurate reports of
proceedings of certain courts &
legislatures contained in
newspapers & certain periodicals.

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 DEFENCES OF DEFAMATION
5) APOLOGY & PAYMENT INTO COURT/UNINTENTIONAL
DEFAMATION
Defamation Act 1952, S4 provides a remedy which may avoid
proceedings for libel or slander where there has been unintentional
defamation by publishers, printers and newspaper proprietors.
It can be established by:
a) Showing that the words published without intention to defame
the person making the complaint.
b) Showing that reasonable care had been exercised by the
publisher, his servant or his agent.
c) Offering to make amendment to the statement complaint by
publishing correction & apology.

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 DEFENCES OF DEFAMATION
5) APOLOGY & PAYMENT INTO COURT/UNINTENTIONAL
DEFAMATION (cont’d)
If the offer is accepted by the person aggrieved & performed, it will
constitute a bar to further proceeding though not against any other
person jointly responsible for the publication.

However, if the offer is not accepted by the person aggrieved, the

defendant must prove in his defence:

a) That the words complained of were published innocently in

relation to the plaintiff.
b) That the order was made as soon as practicable.
c) The offer has not been withdrawn.

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 DEFENCES OF DEFAMATION

EFFECT OF AN APOLOGY

An apology for the defamatory statement by the defendant may

mitigate damages and its absence may aggravate them. Apology,
however, does not affect his liability.

Therefore, the mere absence of an apology cannot by itself aggravate

damages.

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 END OF CHAPTER 9

BE READY FOR YOUR GROUP PROJECT

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