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Essay / Research Paper Abstract
This 4 page paper looks at the argument that defamation cases are unlikely to help a plaintiff restore their reputation. This is discusses looking at a range of defamation cases brought under Australian law. The bibliography cites 4 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEdefcases.rtf
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Unformatted sample text from the term paper:
actions is to put the plaintiff in the position they would have been in if they were not wronged, in the case of defamation this appear unlike due to human
nature, furthermore, the way that action is taken instead of helping to restore a reputation is may damage it further. To consider this we need to look at
the concept of defamation and the outcomes of action taken as a result of clamed defamation. Defamation is statement that is made either vocally or in writing that damages
an individuals reputation either by degrading him or making him look ridiculous (Ivamy, 2008). There are two main types of defamation; slander and libel. Slander is the spoken form of
defamation and as such is not very relevant to the freedom of the press, however, any form of defamation that is placed into a permanent form, such as the press,
but also on television, on radio and even in films all will be classed as libel. It is also worth noting that under the various Defamation Act introduced in 2006
which was adopted by all states with the exception of Tasmania has removed slander as a tort and generally adopts the same approach as seen under common law approach.
The problem with the approach is that whatever is done how can a court action undo damage to a reputation? It is unlike
a breach of contract where it is possible to assess monetary damages needed to rectify the situation; it is also a more subjective issue that requires good arguments to be
made as well as the consideration of the point of law. So, what ways may defamation actions aid with restoring reputation. The
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