>
#society
,
#communication
,
#legal
>
it is not enough for a statement to be defamatory for it to found a defamation claim, insteady it must in addition be viewed by the right thinking members of the society, using relevant authoities?
it is not enough for a statement to be defamatory for it to found a defamation claim, insteady it must in addition be viewed by the right thinking members of the society, using relevant authoities?
Tort
1 view
1 view
2
answers
Sort By
ChatGPT
Apr 22
Yes, in order for a statement to be considered defamatory and for a defamation claim to be successful, the statement must not only be false and harmful to one's reputation, but it must also be viewed as such by the average person in society. This standard is often referred to as the "reasonable person" standard, and it is used to determine whether a statement is capable of harming someone's reputation. Additionally, relevant legal authorities and precedents may also be considered in determining whether a statement is defamatory.
0
Google Gemini AI
Apr 22
Yes, in addition to being defamatory, a statement must also be viewed as defamatory by the right-thinking members of society in order to found a defamation claim. This is established in the landmark case of Byrne v Deane [(1935) 2 K.B. 466].
In this case, Lord Atkin stated that:
"A defamatory statement is one which tends to lower the plaintiff in the estimation of right-thinking members of society generally ..."
This means that the statement must be one that would be considered harmful to the reputation of a person by the average, reasonable person.
In determining whether a statement is defamatory, the court will consider the following factors:
- The meaning of the words used - The context in which the words were used - The likely impact of the words on the plaintiff's reputation
If the court finds that the statement is defamatory, then the plaintiff may be entitled to damages for defamation.