Slander

Cringer

Hi all,

I'm curious to know what determines the grounds for slander if:

a) the two parties are in a public area
b) one of the parties is in public, the other is in their house
c) both parties are in the confines of a private residence

I believe both parties have to be outside for either to take up a case but not 100% sure on this.

Thanks

johnfás

It is irrelevant, provided the remark is defamatory in nature, all that is requires is that the communication is to a third party. It should be noted though that the law in respect of slander is slightly more restrictive in that you must show damage (except in a number of exceptional circumstances), whereas libel is actionable per se.

Naturally proof is a pertinent point in any action and thus the sphere in which the slander takes place may determine the success of an action against the maker of the statement.

Cringer

johnfás wrote: »

It is irrelevant, provided the remark is defamatory in nature, all that is requires is that the communication is to a third party.

So if it was said to me, for example, with no witnesses, then it might not stand so well. If it was said ABOUT me then that's where the slander issue can arise.

johnfás

Cringer wrote: »

So if it was said to me, for example, with no witnesses, then it might not stand so well. If it was said ABOUT me then that's where the slander issue can arise.

If somebody communicates a defamatory statement exclusively to the person about whom the statement relates there can be no action by that person. If such a statement were made to that person but where others heard it then there would be a publication of the statement and yes provided the statement was in fact defamatory then there would be grounds for an action. If the statement were made to a group of other persons, again there would be grounds for an action provided all the other elements of the law relating to slander are present.

In short:

1. Stated to the person directly and exclusively - no grounds.
2. Stated to the person but where others can hear - possible grounds.
3. Stated to other persons - possible grounds.

The essential point is that the defamatory remark must be published (communicated) to persons other than the person whom the statement is about.

In order to be defamatory the statement must be such as to impute conduct which would tend to lower the person in the eyes of a considerable and respectable class of the community as a whole. The test, as per Quigley v Creation, is whether the statement will lower the subject of the statement in the eyes of the average right thinking man and that the statement is untrue. It should be noted in respect of slander (as distinct from libel) that in general there must also be proof of damages - a potential plaintiff must have suffered some form of damage/loss which is recognised by the courts.

Cringer

Thank you Johnfás

Victor

Um, I'm wondering if there are exemptions for things said between a married couple and/or a family and/or a household.