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DEFAMATION, Differences, Actual Damage- suffered more than just a lost of…

- - - - Libel
        
        Eg: emails, social media, letters, video tapes, etc.
    - - Slander
        
        Speech, spoken words or gestures;
- - - - words aimed specifically at a particular individual in the group
      - words case improper imputations against them individually
      - group small enough to have individuals identified easily
- - - - complete freedom of communication is regarded as of paramount importance, defamation cannot take place at all
        
        Reports made in course of judicial proceedings [s. 11]
        
        Communications between Solicitor & clients in relation to a litigation matter. [s. 128 Evidence Act]
        
        Statements made in Parliamentary Debates
      - protects the maker of an untrue defamatory statement
    - - protect the maker of untrue defamatory statement only if the maker acted honestly & without malice.
        
        but if plaintiff can prove malice through a balance of probabilities that the sole motive of the defendant was to plainly injure the plaintiff, privilege is displaced
  - - - Objective test
- - - - awarded when conduct of defendant has been high-handed/defence raised was irrelevant/offensive/repetition of defamatory statements made
    - - punitive in nature, awarded when the defendant profited from the published libel and the profits made, exceeded any ordinary damages that could be awarded
    - - Generic, monetary loss, resulting social disadvantage, natural grief or distress