What is defamation?
Let us look at the three specific elements of defamation in more detail.
1. Publication. The first element requires that the publication is communicated to at least one other person besides the person being defamed. So, if you wrote a false statement about someone, but only gave it to that person, defamation would not be published. It would, however, be deemed to be published if you were to put it up on the internet for others to read.
2.Identification. The second element requires that the defamatory statement identifies the plaintiff. All that is required is that a reasonable person would conclude that the statement refers to the plaintiff. There is no such thing as group defamation. For instance, it would not be defamatory to say all doctors are money hungry. However, an article in a newspaper making such comments that included a photograph of a doctor who could be identified, could be defamatory.
3. Damage. The third element of defamation requires that reputation is damaged in some way. It is irrelevant whether or not the person who made the defamatory statements intended to do so. It is also worth noting that the meaning of publication can be defamatory if the meaning is implied. In the case Ettingshausen v. Australian Consolidated Press Ltd (1991) 23 NSWLR 443 the plaintiff, a rugby league football player, successfully sued a magazine for publishing a nude photograph of him showering after a football game. The court accepted that there was an implied suggestion that he was the sort of person who would willingly permit a photograph that displayed his genitals to be taken for publication in a national magazine.
This can be simplified into 3 statements
1. Publication. The first element requires that the publication is communicated to at least one other person besides the person being defamed. So, if you wrote a false statement about someone, but only gave it to that person, defamation would not be published. It would, however, be deemed to be published if you were to put it up on the internet for others to read.
2.Identification. The second element requires that the defamatory statement identifies the plaintiff. All that is required is that a reasonable person would conclude that the statement refers to the plaintiff. There is no such thing as group defamation. For instance, it would not be defamatory to say all doctors are money hungry. However, an article in a newspaper making such comments that included a photograph of a doctor who could be identified, could be defamatory.
3. Damage. The third element of defamation requires that reputation is damaged in some way. It is irrelevant whether or not the person who made the defamatory statements intended to do so. It is also worth noting that the meaning of publication can be defamatory if the meaning is implied. In the case Ettingshausen v. Australian Consolidated Press Ltd (1991) 23 NSWLR 443 the plaintiff, a rugby league football player, successfully sued a magazine for publishing a nude photograph of him showering after a football game. The court accepted that there was an implied suggestion that he was the sort of person who would willingly permit a photograph that displayed his genitals to be taken for publication in a national magazine.
This can be simplified into 3 statements
- The statement was defamatory.
- The defamatory statement refers to the plaintiff.
- The defendant communicated the defamatory statement to a third person.
who cant sue for defamation
- Companies cannot sue for defamation unless they are not-for-profit or fewer than 10 people
- The Dead (except Tasmania)
- The Dead (except Tasmania)
Celebrity defamation cases
Kiera Knightley – Back in 2007, the Daily Mail carried a story claiming Kiera Knightley had an eating disorder. The article carried a picture of the actress on the beach alongside that about a girl who had died of anorexia, thereby suggesting the Pride And Prejudice actress was partly responsible for the incident. She launched a case against the media house winning £3,000 in damages.
Cameron Diaz - Cameron won a libel lawsuit against The Sun newspaper that suggested she had had an affair with close friend Shane Nickerson. The Charlie's Angels star was involved with Justin Timberlake at the time and Shane was married, leading her to sue the paper for defamation. The paper later admitted: "Any suggestion of a romantic involvement is entirely untrue and without any substance whatsoever."
Robin Williams – Robin had a rather unusual case. He sued his celebrity look-alike who, with the help of an agent, was masquerading as the actor. They were accused of duping the public, the media and charities causing damage to the Mrs Doubtfire star's reputation. The star lookalike avoided having to pay any damages and was barred from imitating Williams "without expressly informing the defendant’s actual and potential audiences that he is not the real Robin Williams."
Sharon Stone – The actress filed a case when a plastic surgeon Renato Calabria told two major US magazines that Sharon Stone had received a facelift. The Basic Instinct star said that the accusations ruined her work opportunities. She sued the surgeon for damage to her reputation. Eventually the case was dropped as both parties reached a settlement.
David Beckham – The footballer tried to sue a US magazine for claims that he had had an affair with Irma Nici, 26, a former prostitute. In court papers, Beckham said he had been visiting his sick father in England at the time of the alleged affair. David, however, was unable to win the court ruling and his $25 million claim was dismissed by a US federal judge.
Russell Brand – Russell won substantial libel damages from the Sun newspaper over an article that claimed he cheated on girlfriend Jemima Khan. The story reported that the comedian was having an affair with model Sophie Coady. He won the unspecified damages — which are believed to be at least five figures.
Kate Winslet - Kate won a payout of about $40,000 from British newspaper Mail that said she lied about her exercise regime. The reporter disputed Winslet's claim that her "enviable muscle tone" was simply the result of doing Pilates workouts at home for 20 minutes every day. "I strongly believe that women should be encouraged to accept themselves as they are, so to suggest that I was lying was an unacceptable accusation of hypocrisy," the 33-year-old mother of two said in a statement.
Cameron Diaz - Cameron won a libel lawsuit against The Sun newspaper that suggested she had had an affair with close friend Shane Nickerson. The Charlie's Angels star was involved with Justin Timberlake at the time and Shane was married, leading her to sue the paper for defamation. The paper later admitted: "Any suggestion of a romantic involvement is entirely untrue and without any substance whatsoever."
Robin Williams – Robin had a rather unusual case. He sued his celebrity look-alike who, with the help of an agent, was masquerading as the actor. They were accused of duping the public, the media and charities causing damage to the Mrs Doubtfire star's reputation. The star lookalike avoided having to pay any damages and was barred from imitating Williams "without expressly informing the defendant’s actual and potential audiences that he is not the real Robin Williams."
Sharon Stone – The actress filed a case when a plastic surgeon Renato Calabria told two major US magazines that Sharon Stone had received a facelift. The Basic Instinct star said that the accusations ruined her work opportunities. She sued the surgeon for damage to her reputation. Eventually the case was dropped as both parties reached a settlement.
David Beckham – The footballer tried to sue a US magazine for claims that he had had an affair with Irma Nici, 26, a former prostitute. In court papers, Beckham said he had been visiting his sick father in England at the time of the alleged affair. David, however, was unable to win the court ruling and his $25 million claim was dismissed by a US federal judge.
Russell Brand – Russell won substantial libel damages from the Sun newspaper over an article that claimed he cheated on girlfriend Jemima Khan. The story reported that the comedian was having an affair with model Sophie Coady. He won the unspecified damages — which are believed to be at least five figures.
Kate Winslet - Kate won a payout of about $40,000 from British newspaper Mail that said she lied about her exercise regime. The reporter disputed Winslet's claim that her "enviable muscle tone" was simply the result of doing Pilates workouts at home for 20 minutes every day. "I strongly believe that women should be encouraged to accept themselves as they are, so to suggest that I was lying was an unacceptable accusation of hypocrisy," the 33-year-old mother of two said in a statement.