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Privacy and Media Law

Issue

Can the court grant the order to Smith in regards to his plea of disclosing the identity of the people who spoke against him in the Daily Telegraph article?

Rule

Defamation Act 2005 (Vic)

Common law

Precedents

Application

Till 2006, there was no defamation law in Victoria. It was adjudged on the basis of the common law. However, on 1^st January 2006, the legislature of Victoria passes the Defamation act 2006. Since that day both common law and the legislature act is applied in the jurisdiction of Victoria.

The act constitutes what is defamation, only if it has the 3 elements of defamation enclosed in it.

1. A defamatory matter
2. Publication of the matter
3. Of or it concerns the plaintiff

What is not essential to prove a suit is defamatory or not is-

1. Proof of the falsity meaning the truth....