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Defamation is an injury to reputation or character by spoken or written words that carry an imputation that would reasonably cause others to “shun, ridicule or avoid” person referred to.
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The primary defence to any defamation claim is one of “justification”, ie that the allegation was “substantially true”. those that are made in Parliament or as part of court proceedings.
The reporting of the material contained in such proceedings or in a “public document” is also exempt provided the publication containing the defamatory words is published “honestly for the information of the public or the advancement of education”.
The unit's name was derived from Greek mythology, in which Argus Panoptes, or Argos, was a primordial "all seeing" giant with multiple eyes, guardian of the goddess Io.
As protector of the goddess, Argos was great and strong: sleep never fell upon his eyes, and he kept sure watch always.
One child was 12 years of age at the time, and had been befriended by the offender on the internet.
The other child was aged five, and was made available to the offender by her father whom the offender had met in an internet chat room.
Damages include those for reparation of the harm done to reputation; for consolation for the personal distress and hurt caused by the publication (“solatium”); and those for proven losses e.g. There must be an appropriate and rational relationship between the harm sustained and the damages awarded but they should be awarded in an amount the defamed person can point out the baselessness of the accusation, to a bystander.
The actual harm done to reputation and the extent of injured feelings must be established by evidence.
Statement that might otherwise be defamatory, will not be subject to sanction the defamation if of a “trivial” nature or if the circumstances of publication make it unlikely the person referred to will sustain any harm.
Queensland’s Defamation Act codifies much of the law of defamation but as to what constitutes a defamatory statement, relies on common law interpretation.