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Essay / Defamation Case Study - 650
Defamation is a very specific area of law that requires certain specific factual elements to be maintained. Therefore, in order to prove that defamation has occurred, the plaintiff must meet three elements. First, to be charged with defamation, the plaintiff must prove that the statement or communication is defamatory, meaning that they made a false statement about you. The main problem with defamation is that it has damaged a person's reputation. To verify whether a statement is considered defamatory, it must be proven that: “Does the communication diminish or harm the reputation of the complainant, leading the complainant to be rejected, avoided, exposed to hatred or ridicule him? " This is judged from the point of view of right-thinking members of society, that is, "ordinary reasonable people in general in the community." In addition, the complainant must demonstrate that his reputation is harmed where the matter was published, for example his usual place of residence or place of work. A “defamatory matter” can involve telling blatant lies about a person, which ultimately ruins a person’s character. Apart from this, giving a false statement, also known as “imputation”, could also be considered a violation of defamation. However, the court examines what an ordinary viewer or reader could have understood in the meaning of the communication, because the literal meaning is not the only one to be taken into account. The meaning may differ from what the plaintiff and defendant think and therefore the court will not judge based solely on what the plaintiff or defendant says. It is only considered defamatory when it damages one's reputation in...... middle of paper ......... with a third party, whether in written or oral form. For those who work in publishing companies, such as writers, editors and publishers, need to be aware of this type of potential danger. Even if you simply repeat rumors, stories, or comments made by someone else, you could be charged with defamation for spreading them and making them public to a wider audience. For example, a writer overheard a conversation between a group of teenagers in a cafe and wrote an article about it and published it in a magazine. His written article consists of comments about a teenage girl who works as a prostitute and he named her Miss Readers are considered the third party in this scenario.