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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Aspects of Business Communication

Which of the following is an essential element for a statement to be actionable as defamation?

Publication to a third party is essential. The defamatory statement must be communicated to at least one person other than the person defamed, since reputation is harmed only in the eyes of others. Newspaper form, intent to cause loss, or proof of truth by the claimant are not required.

  1. AThe statement must have been made with intention to cause financial loss in every case
  2. BThe statement must be written in a newspaper
  3. CThe statement must be published, that is, communicated to at least one person other than the person defamedCorrect
  4. DThe person defamed must prove that the statement was true

Explanation

A defamatory statement must be false and lower the person in the estimation of right-thinking people, and it must be published to a third party. A statement made only to the person concerned is not publication. Truth is a defence for the maker, not something the claimant must prove.

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