DEFAMATION

REMEDIES

Damages

Nominal damages

Contemptuos damages

General and special damages

Exemplary damages

Aggravated damages

Mitigation

Injunction

interim injunction

perpetual injunction

quia timet

  • to punish the D
  • where the D's conduct to make profit for himself which might exceed the compensation payable to the C

Special damages

  • any material loss which is either finacial or capable of being
  • estimated in money
  • the action should not be brought
  • the C's injury is exacerbated by the D's motive or conduct
  • to compensate the C for mental distress
  • an offer to make amends where the D did not intend to defame
  • the D is willing to pay damages assessed by the Court
  • the D is willing to publish an correction and apology

Corporations

  • Trading companies may bring actions for defamation and recover general damages
  • Companies must show serious harm to establish a claim

Malicious falsehood

DEFENCES

Truth

Consent

Publication on matter of public interest

Operators of websites

Absolute privilege

Qualified privilege

(i) Parliamentary proceedings

(ii) Judicial proceedings

(iii) official communications

officers of State

reports of judicial proceedings

communications btw lawyer and client

Honest opinion