What must be proven in defamation?
The Plaintiff must prove that the defamatory passages complained about were made in respect to him/her, that one or more third parties received the defamatory publication, and any particular damages suffered by the subject of the publication.
What defences are available?
A Defendant has the burden of proving the impugned facts are true, that an opinion is a fair comment, or was published on an occasion of qualified privilege. These are technical terms with specific factual requirements.
Who decides defamation cases?
A defamation action is normally tried before a jury. The jury has the authority to determine the amount to be paid to a successful plaintiff or to dismiss the lawsuit with or without costs.
Explore all services in this area: