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Would this be defamation?

Would this be defamation?

Postby subspace » Sun Feb 21, 2016 9:30 am

As I understand it, a statement has to be published in order for defamation to take place, as the statement has to cause others to think less of the complainant. So a private letter between two individuals would not count as defamation.

What happens if the recipient chooses to publish the letter themselves or show the letter to others? An idiotic thing to do for sure but could they then successfully sue for defamation?
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Re: Would this be defamation?

Postby Hairyloon » Sun Feb 21, 2016 10:25 am

If I have understood correctly that the letter is about the recipient, then no.
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Re: Would this be defamation?

Postby Millbrook2 » Sun Feb 21, 2016 5:43 pm

The publication to a third party needs to be done by the defendant not the plaintiff, as I understand it.

Same as Hairy says but perhaps a different way to understand it by thinking who will be the possible defendant and plaintiff.
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Re: Would this be defamation?

Postby dls » Mon Feb 22, 2016 7:40 am

What happens if the recipient chooses to publish the letter themselves or show the letter to others?


Then the possible plaintiff is the publisher - the tort is the publishing of material - not the writing of it.
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