Defamation (VCE SSCE Legal Studies): Flashcards

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Defamation
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Definition of defamation

Civil tort protecting reputation from false harmful statements

Standard of proof in defamation claims

Balance of probabilities

Time limit to commence defamation action (Vic)

One year from publication (extendable to three years)

Meaning of 'publication' in defamation

Communication to someone other than the plaintiff

Level of 'serious harm' required

Above substantial but less than grave, affecting reputation

Justification defence in defamation

Statement is substantially true

Absolute privilege defence applies to

Statements in parliament, courts, or tribunals

Special damages vs general damages

Special: quantifiable loss; General: non-quantifiable loss

Max damages for non-economic loss (Vic)

$250,000

Mandatory vs restrictive injunction

Mandatory: compels action; Restrictive: prohibits action

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