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Rodger Right Case

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Issue involved in this scenario

The issue involved in this scenario includes a wrongfully accused Rodger Right, who has been defamed publically on Love to Learn High Schools website by Wanda Wrong. He has been accused of being involved with organised crime in the local area and taking bribes from members of the community to throw games so that certain individuals could benefit from betting on results. This has extremely impacted Rodger Rights life, both in school and in his personal life; this makes Rodger want compensation for the loss of his reputation.

What is Defamation?

Defamation is the publication of false and derogatory statements about another person, without any justification recognised by law.

Definition of Libel and Slander …show more content…

Libel is the publication of defamatory matter in permanent form, while slander is the publication of defamatory matter in non-permanent form.

Social, ethical and legal issues of defamation and the Internet

Social issues – Wanda Wrong had no consideration for how her actions would affect Rodger Right socially. Everybody in the community now views him in a very negative way and he is no longer able to go out in public anymore without being stared at, pointed at or have snide remarks made to him. The article has extremely impacted his social life, his wife has left him and he has been asked to resign from his coaching job.

Ethical issues – The article affects more than just Rodger himself, Wanda’s actions would have also given Love to Learn High School a bad reputation, people in the community would believe that the principal is incompetent when it came to hiring teachers. The principal should have known if there was crime going on in their school faculty, which is something the parents of students will start to think.

Legal issues – Wanda Wrong has defamed Rodger Right without any proof of what he has been accused of, and now he wants compensation for the loss of …show more content…

Who can sue for defamation and can be defamed

An individual person or a company can be defamed, however, only small corporations can sue for defamation.

Any non-profit group or organisation that has a recognised legal status can sue or be sued for defamation.

Court/s in South Australia that hear defamation cases

Actions for defamation are brought to the Supreme Court of South Australia, the District Court of the Magistrates Court. There should be careful thought given to the appropriate court in which to commence a defamation action, as there is a potential penalty cost if the wrong court is selected.

When material becomes defamatory

For material to be defamatory it must be published to a person who is capable of understanding its defamatory significance.

A letter is not published if it is in a language unknown to the reader. Defamatory material is published when it is communicated to someone other than the person it defames.

Defences to defamation

Innocent Dissemination

In this issue, the article was posted online but due to innocent dissemination the Internet service providers cannot be

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