Discuss questions

1. What elements must the plaintiff prove in a successful defamation claim

2. Outline and explain the main defences to defamation

Case Studies:

Case 1

Greig is an environmental activities in a country town. He puts up posters claiming the local member of Parliament, Harriet Sherwood Baker, has been helping a large developer to rezone local bush land for housing. Grieg genuinely believes his claims, but cannot prove them. The local newspaper publishes the text of the posters and interviews Grieg. The editor did not ask Harriet for her response because she has not been returning his telephone calls for weeks. Harriet sues Grieg and the newspaper for defamation.

Explain whether either of them has committed defamation and what defences, if any, are available. Who is likely to win? Use the IRAC method to answer the question.

Case 2

Five nurses complained to the Health Minister about the management practices in their hospital. The Minister asked them to put their complaint in writing. The letter they sent criticized the competency and honesty of a senior manager. The Minister read out the letter in Parliament and a copy of the letter was left in the staffroom where it was read by several nurses.

Explain three defences to defamation that may be available to the Minister and the nurses. Use the IRAC method to answer the question