Discuss the above statement in relation to the laws of defamation.|Legit essays

Posted: February 13th, 2023

CYBERLAW AND CRIMINAL ISSUES

This is a group assignment.

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VBYL7224 – MC1

The law of defamation ensures that freedom of speech is not abused.

Discuss the above statement in relation to the laws of defamation. You must address key issues such as elements of defamation, defences and online defamation.

RULES:

1. Words: 1000-1500. A 10% under or over is accepted. Word count does not include excerpts from judgements or Acts of Parliament

2. Spacing: 1.5

3. Font: Times New Roman or Trebuchet

4. Submission Date : 12th February 2023

5. Submission method: Online

6. References: Textbooks, Acts of Parliament, Cases. NO WIKIPEDIA

PLEASE NOTE: Plagiarism is strictly forbidden and will incur a failure as well as reported to the University’s Research Ethics Committee.

SKELETAL STRUCTURE/ GUIDELINES

1. INTRODUCTION

· Definition of defamation.

· Types of defamation

2. ISSUES

· Elements of Defamation

· Defences

· Online defamation – Communications and Multimedia Act 1998.

3. CONCLUSION

Summary of your answer

SUGGESTION

Paginate

Good luck.

PLEASE NOTE that any copying from the Internet or any other source is considered plagiarism and is an automatic failure of your assignment. Reference should be made to the laws of Malaysia ONLY.

 

SOLUTION

The law of defamation plays a crucial role in balancing the freedom of speech with the protection of individual reputation. Defamation refers to a statement that injures a third party’s reputation. This can be in the form of a written or spoken statement, or a visual representation, that is communicated to others. In order to prove defamation, certain elements must be present:

  1. The statement must be false: For a statement to be defamatory, it must be false. Truth is a defence to a defamation claim.
  2. The statement must be published: The statement must be communicated to at least one person other than the person being defamed.
  3. The statement must be about the claimant: The statement must identify or refer to the claimant in a way that a reasonable person would understand it to be about them.
  4. The statement must cause harm: The false statement must cause harm to the claimant’s reputation.

In addition to these elements, there are several defences to a defamation claim. These include:

  1. Truth: If the statement is true, it is not defamatory.
  2. Opinion: Expressions of opinion are not defamatory as they are subjective and cannot be proven true or false.
  3. Privilege: Certain types of communications are privileged, meaning they are protected by law, even if they are defamatory. These include parliamentary proceedings, court proceedings and reports of judicial proceedings.
  4. Consent: If the claimant has consented to the publication of the statement, it will not be defamatory.

When it comes to online defamation, the same principles apply. However, the nature of the internet and social media means that false statements can spread quickly and easily, causing significant harm to individuals’ reputations. As a result, there has been an increase in the number of defamation claims arising from online publications. It is important to be mindful of the potential harm that online statements can cause, and to take steps to ensure that such harm is prevented.

In conclusion, the law of defamation serves an important function in protecting individual reputation, while still allowing for the freedom of speech. It is essential to understand the elements of defamation and the defences available,

 

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