How Defamation Law Affects the Work of Professional Communicators

How Defamation Law Affects the Work of Professional Communicators

 

 

Defamation in other nations is considered a civil matter which calls for civil action to resolve them. With many belittling remarks reported on various media channels, most focus has been shifted to social media platforms (South Australia Legislation, 2021). However, the action is not considered defamatory if what is reported is true despite ruining the plaintiffs’ reputation, as depicted in Kemsley v Foot (Bosland, 2019), with the rule also applying in Norway. Clear evidence must be presented before the jury, which will decide on the extent of defamation and order appropriate compensation.

Defamation Laws in Australia and Norway

In Australia, defamation refers to the publication of information and materials that are harmful to the reputation of another individual. Under the country’s Uniform Defamation Law (UDL), this includes any written materials, such as those published in magazines, social media newsreels, pictures, as well as spoken statements (Pearson & Leighton-Jackson, 2020). This means that professional communicators in Australia can be potentially liable for publishing material that:

  • Exposes an individual claiming to be defamed to induce hatred, ridicule, and contempt by the audience of the materials;

  • Lowers the individual claiming to be defamed in the “estimation of a right-thinking member of society” (Breit, 2011, p. 3);

  • Causes the individual claiming to be defamed to be excluded and avoided without the presence of moral discredit on their part.

In Norway, defamation is no longer considered a matter of penal law. Beginning from October 1, 2015, it is instead regulated in the legislation that deals with compensation for damages, which is covered in civil law. In some instances, acts of defamation can be penalized as a violation of privacy under Section 267 of the Penal Code (“Defamation laws in Norway,” 2022). Notably, the provisions of the Norwegian Penal Code are only concerned with provisions that prohibit insults and defamation to government officials and institutions, with Sections 246 and 247 expressing that imprisonment may range between six months to a year (Witting, 2021). Norwegian law is clear about the fact that the country enjoys a free press and values independence in the representation of different issues and perspectives.

 

 

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