Defamation is it for the rich Essay Example | Topics and Well Written Essays - 7000 words

Defamation is it for the rich - Essay ExampleIt is evident from the research that the rectitude of defamation appears to be preferably simple since a plaintiff seeking to substantiate a claim is generally required to establish that the defendant made/published defamatory statements and that those statements referred to the plaintiff or at the very least, any reasonable or objective person would conclude that the statements referred to the plaintiff. However, below the surface, there are barriers contained in common law precedents and statutory provisions that complicate an otherwise simple requirement to the extent that access to justice is not so straighforward. For instance, the word malice consistently appears in the Defamation Acts and case law although proof of malice is merely a theoretical requirement and is purely formal. As W. Horton explainsThough the word (maliciously) is unremarkably inserted in the plaintiffs statement of claim, no one takes any notice of it at trial except for the purpose of inflating damages where there has been arouse or deliberateness. Be that as it may, the overuse of the word malice is only a small token of the complexities with which act as an impediment to a frank defamation law suit. The more serious issues are found in the substantive law. For instance, defences such as fair comment and truth are typically available but will only protect opinionated statements and will do nothing to protect statements of fact. While there are other defences the primal goal of defamation law is to provide for the accuracy and fairness of published or communicated statements.