This essay is concerned with the area of Internet defamation. In general, the purpose of defamation is to protect reputations, not injury to people's feelings:"A defamatory statement is one which, when published, tends to lower

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Lorna Simpson

LLB (Hons) Group 10

Cyberlaw and Cybersociety Assignment 1 (Question 1)

This essay is concerned with the area of Internet defamation. In general, the purpose of defamation is to protect reputations, not injury to people’s feelings:

“A defamatory statement is one which, when published, tends to lower a person in the esteem of right-thinking members of society generally; or which tends to make them shun or avoid that person”

This essay will take into consideration the specific issues and problems that arise in relation to Internet defamation and the legal responses.

If a statement is found to be defamatory, it is categorised as either libel or slander.

A libellous statement is one which is of a relatively permanent nature. This includes broadcasts and theatrical productions, as well as statues and photographs. Libel is traditionally more serious than slander, and there is no need to prove special damage in court. If the case is successful, any damages awarded to the claimant are often much greater than those awarded in cases of slander.

Slanderous statements are in a more transient form and would be found in, for example, conversations. Most cases require that what has been said, as well as special damage, must be proved in court. To prove special damage, it must be shown that the claimant has suffered some financial loss as a consequence of what has been said about them.  

Legal action for defamation can only come from an individual or a company, not from a Local Authority. If action is to be taken with regard to a defamatory statement, there is a requirement for publication. That is that the message must be sent to a third party. The degree, to which a person’s reputation may be damaged, largely depends on the audience. If the audience is more specialised, then the statement would be more chance of the statement being damaging.

Defamation over the Internet can take place in several forms. The most common of these being via e-mail, on websites and on bulletin boards. Defamatory statements have the potential of being sent to a wide audience via each of these mediums.

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There have been many cases which are concerned with defamation over the Internet. The case of Rindos v Hardwick dealt with a libellous statement made by one academic which strongly questioned the competence of one of his colleagues, and suggested misconduct on his behalf.

It was decided that these statements were indeed of a defamatory nature, and $40,000 in damages was awarded to the claimant.

With regard to who is liable for the publication of a defamatory statement, it is generally thought to be the author along with all other people involved. For instance, the editor, publisher, printer and ...

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