CMN 2170 Lecture 8: CMN2170A - Lecture 8
10 Dec 2018
School
Department
Course
Professor
Document Summary
Falsity and damage are always presumed in defamation. Your defence can be fair comment (they were opinions/comments not facts) The plaintiff can defeat that defense by saying they were motivated by expressed malice (not only spite or ill-will but recklessness and negligence as well) Paragraph 21: her chart ranking teachers and giving them categories was motivate by malice regardless if it"s true or not. Someone has defamed you, you have to prove those 3 elements. Being legally exonerated doesn"t change what people think about you and you can"t change that. Not laws of universe but coming up with objective structure with subjective elements to create objective framework to determine in actions of an individual created defamation. In this context it a teaching community: teaching is a category that spills over into a broader category because of the model of responsibility associated with the rest of the community.
