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Defamation law in Australia developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by the implied constitutional limitation on governmental powers to limit speech of a political nature established in Lange v Australian Broadcasting Corporation (1997).
Oprah Winfrey case. [26] Correspondingly, food libel cases have been alleged to be strategic lawsuits against public participation (SLAPPs). [27] In general, a SLAPP is a defamation or libel suit whose primary purpose is to silence the speaker and intimidate others from engaging in similar speech. [28]
The case resolved a claim of libel against CompuServe, an Internet service provider that hosted allegedly defamatory content in one of its forums. The case established a precedent for Internet service provider liability by applying defamation law, originally intended for hard copies of written works, to the Internet medium. The court held that ...
Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [ 2 ] Most states recognize that some categories of false statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that the statement caused them ...
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
Economic torts are tortious interference actions designed to protect trade or business. The area includes the doctrine of restraint of trade and, particularly in the United Kingdom, has largely been submerged in the twentieth century by statutory interventions on collective labour law and modern competition law, and certain laws governing intellectual property, particularly unfair competition law.
The Court held, on a 6–3 vote, in favor of Consumers Union, the publisher of Consumer Reports magazine, ruling that proof of "actual malice" was necessary in product disparagement cases raising First Amendment issues, as set out by the case of New York Times Co. v. Sullivan (1964). The Court ruled that the First Circuit Court of Appeals had ...
Some cases add that a defendant acts negligently only if the defendant owes the plaintiff a duty of care. [14] California and most jurisdictions hold that there is a privilege to compete for business. "Under the privilege of free competition, a competitor is free to divert business to himself as long as he uses fair and reasonable means.