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Old 7th Oct 2000, 14:40
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stagger
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Unhappy Definition of Libel

I'm not an expert but I believe that some of the definitions of libel that have been given in some recent threads aren't quite accurate. I'm pretty sure that published material is libelous only if...

1) The material is defamatory either on its face or indirectly, i.e. it damages someones reputation (causes someone to be shamed, ridiculed, held in contempt, or lowered in the estimation of the community).

2) The defamatory statement is about someone who is identifiable to one or more persons.

3) The material is distributed to someone other than the offended party; i.e. published.

4) The statement is false. In most juristictions, truth is an absolute defence against a libel action (I think Quebec might be an exception to this).

Libel can occur without intent and malice. However, intentional publication of defamatory material that is known to be false is typically dealt with more severely that inadvertant libel.

[This message has been edited by stagger (edited 07 October 2000).]