Defamation is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime. In several countries, a true statement can also be considered defamation.
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages award.
In Australia, Torts are common law actions for civil wrongs. Unless barred by statute, individuals are entitled to sue other people, or the state; for the purpose of obtaining a legal remedy for the wrong committed.
North & South is a New Zealand monthly national current affairs magazine, specialising in long-form investigative stories and photojournalism. In an eight-page article in 2015, for example, "Long Walk to Justice", staff writer Mike White asked if New Zealand’s justice system should establish an independent commission to investigate wrongful convictions. Issues involving justice in New Zealand provide a theme for many of his stories for North & South. The editorial content also includes profiles of New Zealanders, brief stories, essays, opinion, music, film and book reviews, food, and travel.
Lange v Australian Broadcasting Corporation is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Australian Constitution however that did not itself provide a defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication.
Reynolds v Times Newspapers Ltd was a House of Lords case in English defamation law concerning qualified privilege for publication of defamatory statements in the public interest. The case provided the Reynolds defence, which could be raised where it was clear that the journalist had a duty to publish an allegation even if it turned out to be wrong.
The criminal statutes protecting nobility from criticism in 16th- and 17th-century England eventually evolved into various categories of political libel. Cases of political libel and eventually damages actions were handled by the infamous Star Chamber until its abolition in 1641. By the end of that century, many elements of the common law of libel had been established.
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307),. The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation.
New Zealand is committed to the Universal Declaration of Human Rights and has ratified the International Covenant on Civil and Political Rights, both of which contain a right to privacy. Privacy law in New Zealand is dealt with by statute and the common law. The Privacy Act 2020 addresses the collection, storage and handling of information. A general right to privacy has otherwise been created in the tort of privacy. Such a right was recognised in Hosking v Runting [2003] 3 NZLR 385, a case that dealt with publication of private facts. In the subsequent case C v Holland [2012] NZHC 2155 the Court recognised a right to privacy in the sense of seclusion or a right to be free from unwanted intrusion. For a useful summary see: court-recognises-intrusion-on-seclusion-privacy-tort-hugh-tomlinson-qc/
Jennings v Buchanan [2004] NZPC 4; [2004] UKPC 36; [2005] 2 NZLR 577; [2005] 1 AC 115 is a cited case in New Zealand regarding defamation and the defence of parliamentary privilege.
Truth (NZ) Ltd v Holloway [1961] NZLR 22 (PC) is a case of the Judicial Committee of the Privy Council on appeal from the Court of Appeal of New Zealand regarding the legal issue of defamation and free speech.
News Media Ownership v Findlay [1970] NZLR 1089 is a cited case in New Zealand regarding the defence of fair comment / honest opinion to a claim involving defamation.
Awa v Independent News Auckland Ltd [1997] 3 NZLR 590 is a cited case in New Zealand regarding the defence of fair comment / honest opinion to a claim involving defamation
Eyre v New Zealand Press Assoc Ltd is a cited case regarding the defamation defence of common law privilege, ie.reporting of statements made by the plaintiff
Vickery v McLean [2006] NZAR 481 is a cited case in New Zealand regarding claims in defamation and the defence of free speech.
Osmose New Zealand Ltd v Wakeling [2007] 1 NZLR 841 is a cited case in New Zealand regarding claims in defamation and the defence of free speech.
Prebble v Television New Zealand Ltd is a decision of the Judicial Committee of the Privy Council, on appeal from the Court of Appeal of New Zealand, regarding claims in defamation and the defence of parliamentary privilege.
Gray v M [1998] 2 NZLR 161 is a cited case in New Zealand regarding the legal defence of absolute privilege of matters raised in judicial proceedings that were subsequently used to in defamation claims in tort.
Tertiary Institutes Allied Staff Assoc Inc v Tahana [1998] 1 NZLR 41 is a cited case in New Zealand regarding the legal defence of judicial proceedings regarding defamation claims in tort.
Spring v Guardian Assurance plc[1994] UKHL 7, [1995] 2 AC 296 is a UK labour law and English tort law case, concerning the duty to provide accurate information when writing an employee reference.
