Defamation Act 2019
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Act 55
In accordance with the Supreme Directive of the Empire of Adammia, on the authority of the Ruling Council and His Imperial Majesty the Emperor, this following Act of Council is hereby enacted, with the purpose of protecting Adammic citizens from false statements in the context of Adammic public life which cannot be adequately dealt with by the English courts.
Section 1
- a) It is a civil offence of Defamation for any Legal Person to make a false statement of fact about any living individual which is presented to any person other than the person who is affected.
- b) In order for a civil court to pass the verdict that a Defendant is liable for Defamation, the Plaintiff must prove that the statement made was false and was presented as factual.
- c) Defamation shall be divided into the following types:
- i) Libel per quod, which is a printed or electronic statement, whereby the Plaintiff must also prove that they have been damaged by the defamatory statement;
- ii) Libel per se, which is a printed or electronic statement which is inherently defamatory irrespective of whether or not the Plaintiff can prove that they have been damaged, which shall only occur in any of the following circumstances:
- 1. The Defendant wrongly alleged that the Plaintiff had committed a crime;
- 2. The defamatory statement was injurious to the Plaintiff's ability to carry out their profession, business or trade;
- 3. The Defendant wrongly alleged that the Plaintiff had or has a contagious disease;
- 4. The Defendant wrongly alleged that the Plaintiff had carried out any kind of sexual act.
- iii) Slander per quod, which shall be a spoken statement, but otherwise the same as libel per quod;
- iv) Slander per se, which shall be a spoken statement, but otherwise the same as libel per se.
Section 2
- a) This section outlines defences against Defamation, which, if proven in a civil court by the Defendant, shall result in the court passing the verdict that the Defendant is not liable for Defamation. The defences are as follows:
- b) That the statement made was true;
- c) That the statement made was entirely of opinion rather than of fact, which shall be the case if it is not possible for a court of law to determine the truthfulness of the statement;
- d) That the Defendant had reasonable belief that the statement was true and that it was made in good faith;
- e) That the statement made was merely vulgar and was not intended to be taken literally or believed;
- f) That the Plaintiff consented to the statement being made;
- g) That the statement was made only to the Plaintiff and to no other person;
- h) That, in cases of libel per quod or slander per quod, the Plaintiff suffered no actual damages, that is to say, that all third parties to whom the statement was made did not believe the statement or did not care about the statement.
Tabled by His Imperial Majesty Emperor Adam I
PASSED
5 in favour
3 opposed
2 abstain
2 not present
Adamus Primus Imperator
16th June 2019 04:43
XVI.VI.MMXIX
VII.ADAMVS I