Deformation

Deformation is sometimes misspelt in the search for information about defamation (or deformation).

Click here for information about defamation of character.

Character Defamation (or deformation) is both a civil and criminal wrong and is a combination of the old actions for slander and libel.

A person is defamed when the Defendant:

1. communicates (or publishes):

2. material (in spoken, written or pictorial form):

3. about the Plaintiff (must be a living individual, a non profit organization or a company with less than 10 employees which is not related to another company):

4. which is defamatory because it:

  • injures their reputation by exposing them to hatred, contempt or ridicule;

  • causes people to shun or avoid them; or

  • lowers their estimation in the mind of right thinking members of society.

At law a statement can convey a defamatory meaning (an imputation):

  • By their natural and ordinary meaning;

  • By a false innuendo, when there is a secondary meaning which comes from reading between the lines.

  • By a true innuendo, where the insult comes from reading the words used in light of other facts known by the recipient of the words or pictures used.

If these elements are met, and provided no valid defence or privilege exists, then a Defendant will be liable to compensate the Plaintiff for damage caused by the Character Defamation (or deformation) and for the emotional hurt (or sting) of the lies or the insults.  An injunction may also be obtained to prevent further defamatory publication so as to protect your character.

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