Cyber Law: Element of Proof for Defamation

element of proof for defamation

Assalamualaikum & Hi !

Today I want to share my Cyber Law notes. Recently I found this notes in my old laptop. This notes is just for my reference because I always lost my notes. Therefore, it easy for me to search back my notes if I post here. So, I wonder if you guys also need this notes especially Unikl miit students, I think laaa..  Just to highlight that my notes are not 100% correct, and you guys need to refer your lecturer ok!

4 Elements Applicability to Libel Cyberspace

  1. A false and defamatory statement must be made about another’s reputation or business
    • direct evidence, innuendo, insinuation or reference may establish this.
    • what is necessary to establish is that the statement made is understood by others to be “of or concerning” the plaintiff.
    • if the individual who is the subject of defamation is deceased at the time it is published, no cause of action defamation exists.
  2. Publication must made to the public
    • an unprivileged publication is made or communicated to a third party.
    • there is no liability if the defendant did not intend the publication to be viewed by anyone other than plaintiff.
  3. The acts be done with fault or negligently
    • depending on the state law whether the plaintiff is considered a public official or figure, the plaintiff may have to establish some degree of fault or negligence on the part of the defendant.
    • a plaintiff who is public official or figure will have to prove the defamatory remarks were made with actual malice, i.e., with knowledge the remarks were false or with reckless disregard as to whether they were false or not.
    • if the plaintiff is a private individual, one not famous in the community, then the burden of proof is less demanding.
  4. The defamatory statements must result in actual or presumed damages
    • if the words quality as libel, damages are presumed to exist.
    • the permanent nature of a libelous statement, the ability, especially via the internet, the distribute it widely, store it definitely, and the fact that, in general, written words require more premeditation than those spoken, have led courts to allow recovery for libel without proof of actual or special damages.

 

This is my notes and not complete, might be incorrect or correct. You may refer to your lectures. Thank you for reading.. Hope this note help you to make quick review for your subject.

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