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Paper On Law of Defamation

Added on - 16 Mar 2020

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Running Head: Law1Law
Law2Introduction:Any person whose reputation has been affected through any material which identified them andpublished, then such person whose reputation has been affected has right to file suit fordefamation. Law of defamation deals with the protecting the reputations of a person and this lawprovides right to the person whose reputation is affected to take legal action against the attacker.Person can take legal action only if:Material was published either in written, spoken or illustrated manner to at least oneperson other than who published.Material must be identified the plaintiff either directly or indirectly.Material must be defamatory in nature for the plaintiff (Law handbook, n.d.).If above stated elements are established then it is on the publisher to present evidence for defendthe claim of plaintiff. It is assumed by the Court that defamatory material cause damage to theplaintiff, which means no burden is imposed on plaintiff to prove that he suffer damage. In thispaper, two cases that areWilson v Bauer Media Pty Ltd & Anor [2017] VSC 521andHockey vFairfax Media Publications Pty Limited [2015] FCA 652are compared for the purpose ofunderstanding the legal considerations related to professional practice. Both the cases are relatedto defamation and judgments of both the cases show different legal considerations. Lastly, paperis concluded with brief conclusion.Summary facts of both cases:Justice Dixon gave his judgment on 13thSeptember 2017 in case inWilson v Bauer Media PtyLtd & Anor [2017] VSC 521, and this judgment was gave in Supreme Court of Victoria. Thisdecision was not taken from precedent because this decision includes high award of damages in
Law3the law history of the defamation in Australia. This case set record of damages that were AUD4,578,472, because decision taken by justice Dixon does not strictly stick to cap related togeneral damages.During the period of 18thMay 2015 and 20thMay 2015 numbers of articles were published byBauer Media Pty Ltd and Bauer Media Australia Pty Ltd. One of these articles was publishedthrough printing edition and other 7 articles were published on website which cause effect onpublic that Mr. Wilson was fake and liar. As per the claims made by article, Wilson inventedfake stories for making her future in Hollywood. These claims further state:Wilson stated that she was 29 but in actual she was 36.She was using fake name ‘Rebel Wilson’, and her actual name was Melanie ElizabethBownds.She also lied about the background and other aspects of her life (Lexology, 2017).The defamatory material reached the United States, and also spread through televisions, radio,social media, and the entertainment industry.There was one more case lawHockey v Fairfax Media Publications Pty Limited [2015] FCA652. In this case, Court gave its judgment on 30thJune 2015, and decision was taken by JusticeWhite of the Federal Court. In this Federal Treasurer Joe Hockey file his claim of defamationagainst the Fairfax Media. Case was directed through series of articles, twitters post andadvertising signs and placards which published in the three newspapers of Fairfax media on 5thMay 2014 that are The Sydney Morning Herald, The Age and The Canberra Times. Articlewhich gained most attention and also raise particular concern was the article named as Treasurerfor sale, and this article was published in two newspapers of Fairfax.
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