ABSTRACT
This chapter discusses what constitutes the tort of defamation and the defences to defamation. It is concerned with the long list of ingredients needed to make out a claim in defamation and the available remedies. The chapter identifies all the elements needed to make out a case of defamation. It shows that statutory developments often overwrite the common law positions. The chapter considers how the law might be improved or developed further. As with privacy, so too with defamation, there is a balance to be struck between, on the one hand, protecting one person’s privacy or reputation, and on the other, promoting freedom of expression. Defamation actions were tried before a judge, who would decide questions of law, and a jury, who would find the facts and decide the amount of compensation. There are a large number of ingredients necessary to make out the cause of action in defamation.
