Monday, 18 July 2011

Online Defamation Law






      What is defamation?

Generally,defamation refers to a wrong and unprivileged statement that would be harmful to someone reputation or good name.


Defamation consists of the following:

(1) A defamatory statement;
(2) published to third parties; and
(3) which the speaker or publisher knew or should have known was false.
Each of these elements has generated controversy.



What are the elements of a defamation claim?
The elements that must be proved to establish defamation are:
  1. a publication to one other than the person defamed;
  2. a false statement of fact;
  3. that is understood as
    • a. being of and concerning the plaintiff; an  
    • b. tending to harm the reputation of plaintiff. 
    • If the plaintiff is a public figure, he or she must also prove actual malice.  
  

Recently As we have read in media about Dominique Strauss Kahn,









1 comment:

  1. From my point of view this can be a kind of defamation against MR. Khan, in order damage his reputation in France. Mr. Kahn was former International Monetary Fund leader and wants to nominated in next presidential election .
    Strauss-Kahn became the Managing Director of the International Monetary Fund (IMF) on 28 September 2007, with the backing of his country's president, Nicolas Sarkozy, and served in that role until his resignation on 18 May 2011.[3]

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