A defamatory statement is one that affects the reputation of a person, company or organisation. It is a major component of libel, and a defamatory statement can be made in several ways:
- Inference: A statement which implies a negative thing, though it does not outright say it.
- Innuendo: A statement with a hidden, negative meaning.
- A defamatory statement can also be more straightforward, such as if "McDonalds is poisonous" is printed in an article as though a fact.
The legal definition of defamation (and by extension libel) is a statement which:
- Exposes someone to hatred, ridicule or contempt;
- causes them to be shunned or avoided;
- lower them in the estimation of right-thinking members of society generally; or
- disparage them in their business, trade or profession.
There is a low standard of proof, as the statement only needs to have the potential to do so to be taken to court. When a defamatory status is both published and identifies a person, company or organisation then it is libellous and can be taken to court.
Three major defences are:
- Justification: it's true and can be proven
- Fair Comment: the libellous statement appeared in a comment piece and is an honestly held opinion based on available facts
- Privilege: the statement was said in parliament or by a judge in court, giving you qualified privilege in reporting it.
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