Nuisance to Defamation
Nuisance defined
Something unauthorised that's obnoxious or injuries to a community or individual.
Private nuisance is...
When someone interferes with someone's enjoyment of land by some act of omission.
Elements of private nuisance
1. Substantial
2. Unreasonable
3. Affects someone's enjoyment of property of rights
Factors when determining whether interference is unreasonable or sustantial
Nature of interference
Nature of locality
Motivation
Intensity
Legislation for private nuisance
The neighbourhood's dispute resolution act 2011 (qld)
QCAT Queensland Civil and Administrative Tribunal
What does QCAT do
It's accessible and independent and resolves disputes on a range of matters.
Remedies for private nuisance
1. Injunction
2. Damages
Public nuisance definition
An unlawful act or omission which endangers the safety, life, comfort or health of the public, by which the public is obstructed of any right of enjoyment of the public space.
Maximum penalty of public nuisance
6 months imprisonment or 25 penalty points- if licensed area
Elements of public nuisance
- Unlawful act or omission
- Obstructs right of the public
- Dangers the public's health, safety, comfort and life
- Public area with people
Public Nuisance legislation
- Noise Abatement Act 1978 (Qld)
- Clean Air Act 1963 (Qld)
- Explosive Acts 1999 (Qld)
- Environmental Protection Act 1994 (Qld)
Defamation definition
An act of omission that injures the reputation of another without any good justification or reason.
Elements of defamation that plaintiff must prove
1. Defamatory matter
2. Reference to plaintiff
3. Publication of matter
Legislation for defamation
Defamation Act 2005 (Qld)
Defences for defamation
1. Justification
2. Contextual truth
3. Qualified privilege
4. Honest Opinion
5. Absolute privilege
Justification section
S25
Contextual truth section
s26
Honest opinion section
s31
absolute privilege section
s27
qualified privilege section
s30
It is a defence if the defamatory matter imputations are substantially true
justification
The contextual truth defence allows a defendant to 'plead' and thereby argue that even if some of the statements made in a publication, such as an article or the tweets were untrue
contextual truth
a person cannot be made to pay damages for a defamatory statement, if the person can show that the statement is true
absolute privilege
allows free communication in certain relationships without the risk of an action for defamation
qualified privilege
based on idea that citizen should have the right to express opinion on public interest.
honest opinion
remedy for defamation
monetory compensation
apology
amends
alternatives for defamation against publisher
- on the spot fines
- punitive damages
- regulations - take down matter within 24hrs
alternatives for defamation protecting publisher
- minimum threshold - num of views must be substaintal
- amend limitation period to limit actions to a 6 month period