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To: wayne cath who wrote (6442)	6/25/1998 10:14:00 PM
From: Mr Metals	Respond to of 26850

Defamation consists of libel and slander. To bring an action for defamation it is necessary to show that the words complained of are defamatory (ie that they are likely to lower one's reputation) and that they were published to third parties. It is then for the defendant, if he can, to bring a defence which may be showing that the words were true (justification) or fair comment on a matter of public interest or that the words were published in a situation where the defendant had the right to do so (either absolute or qualified privilege). The defences of fair comment and qualified privilege may be defeated if it can be shown that the publication was with malice (ie with an improper motive). Libel is defamation where the words were printed, written or published in a permanent form or where the words were broadcast. The plaintiff does not have to show any actual loss to bring an action for libel. Slander is defamation where the words were published in a transitory form (such as the spoken word). The plaintiff cannot bring an action for slander (except in certain exceptional circumstances) unless it can show that the words complained of caused him actual loss. Malicious falsehood is similar to defamation but with some crucial differences. First, it is not necessary for the plaintiff to show that the words complained of were defamatory, merely that they were false. Second, the plaintiff must show that the defendant published the words maliciously. Malicious falsehood is useful in situations where false statements cause harm to a person but they are not necessarily defamatory. For example, company A may wrongly say that company B does not sell any products in the London area. This is hardly a defamatory statement, so an action in libel is likely to fail. However, the statement might well cause company B significant damage as its customers in London will not seek its goods. In this instance an action for malicious falsehood may be possible. Slander of goods is a form of malicious falsehood. To succeed a plaintiff must show that the defendant published a statement which was falsely disparaging about the plaintiff's goods and that the statement was published maliciously. Slander of title is a rarely used form of malicious falsehood. To succeed a plaintiff must show that the defendant published a statement which was falsely disparaging about the plaintiff's title to or ownership of property and that the statement was published maliciously. What a loser:-) MM