6/28/2023 0 Comments Fulbright in flux hacked client![]() ![]() Plaintiffs like to exploit ambiguity, claiming that the audience will understand it in a defamatory sense. The first battle in a defamation case is usually over what the words mean. What will ordinary, reasonable, fair-minded people take it to mean? You need to identify any “stings” in what you write the barbs that affect someone’s reputation. You are also liable for publishing a defamatory statement made by someone else, even if you quote them accurately. In defamation cases, you are liable not just for what you say expressly, but what ordinary people will read between the lines. Here are my twelve golden rules for minimising the risks of getting sued for defamation. You can do that by writing in a way that makes it hard to sue you. You are better off avoiding them if you can. Still, defamation lawsuits, when they occur, are usually expensive, technical, drawn-out, stressful affairs. Usually people don’t sue, even when they have been defamed. Some will sue to try to force you to retract, even though they know you’re right. Some people will sue out of spite or revenge, or to cause you financial pain, or because they feel they have to be seen to defend their reputation. If you do want to say something that might reflect negatively on someone else, there is always a chance that they will sue you for defamation. How do you avoid being sued for defamation? That’s easy. Beware the defamation minefield … New Zealand barrister Steven Price has a 12-point checklist that’s especially useful for the unwary
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