Can it be libelous or defamatory to quote someone?

Donald Trump

Suppose that something happens and Pat tells you in writing/email that "It's Mick's fault, not ours. His product was faulty".

You know it's not the case, but Pat sticks to his guns and Mick refuses to comment.

Could Mick sue you for libel or defamation if you distributed Pat's letter or quoted from it (obviously attributing it to Pat.)?

hullaballoo

Yes, it's republication of the defamatory statement.

Donald Trump

So as long as Mick is happy to be scapegoated, there is nothing that you could do! Seems a bit unfair.

In my example, Pat is a civil servant and sent the official response on behalf of his employer! I could send the letter to Mick but it appears that he has no incentive to tell me it's not true if he knows that I can't even publish or forward on Pats response to anyone without fear of getting sued by Mick. Mick supplies Pat's employer.

Peregrinus

If Mick sues you, he'll sue Pat as well (especially if Pat is the State, since the State is a better mark for damages than you are). If he doesn't sue Pat, then you will join Pat in the proceedings, and apply for an order for him to indemnify you for any award of damages to Pat.

Who were you thinking of republishing the letter to, and why? Other issues aside, the circumstances of republication might give you a defence of qualified privilege.

hullaballoo

Yes, having struggled to parse the situation last night, a fresh look adds some more layers.

Just because a document on its face may be defamatory does not mean it can never be reproduced for other purposes for fear of a defamation action. It can be used as evidence of its own existence and in some circumstances as evidence of its contents.

For example, it could be used as documentary evidence to ground a complaint to a competent authority or in legal proceedings.

But it may be republication for the purposes of the Defamation Act if say you were to decide to post it all over the internet or stick it to lampposts etc.