Defamation

Defamation may be defined as the publication of a false statement that lowers the reputation of a person in the eyes of right-thinking members of society. For such a statement to be actionable as being defamatory, it usually has to meet certain legal requirements (which vary from one country to another). By way of general illustration, however, the statement usually has to:

• Be broadcast – that is, brought to the attention of others
• Have no lawful justification
• Be made with the object of discrediting the person concerned, or exposing him to hatred, contempt or ridicule.

From this definition it is clear that defamation sits squarely in the middle of a legal minefield and, despite the occasional well-publicised legal case involving enormous awards of damages, actions in defamation are rarely the option of choice. The person bringing the action – especially in the case of a professional person – almost always finds that their integrity is more damaged at the end of the process than when the original offending statement was made.

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