Can he say that?

Defamation is the word, its the time its the place its the motion... Alright, so maybe it's not as Funky or exciting as the Grease Lightning song... But today kids, we are going to talk about defamation!

(HOLD FOR APPLAUSE)


Defamation can be defined as “saying or writing something that damages or ruins the reputation of another person or legal entity, or makes people think less of them, their profession or trade” (Conley & Lamble, 2006:410). Basically it is saying something unkind about someone that is either not factually upstanding or explicitly mean.

The definition given by Conley and Lamble is somewhat troubling because it is based mostly on opinion. For example, the idea that something is defamation if it 'makes people think less of them'. Who is judging that they have had their reputation (yes I realise the simple answer here is a judge...)greatly tarnished. What benchmark of tarnished reputation are we measuring this reputation against?

There is also the problem of deciding whether someones reputation has been tarnished. For example, in the case of Pauline Hanson, when she sued (someone) for defamation over the 'Pauline Pantsdown' song.

Pauline Hanson Sued the ABC for $1.75 Million, arguing that
"Freedom of speech does not extend by allowing people the right to defame others and to tell lies." - Pauline Hanson, ABC 28 September 1998

Simon Hunt, the University lecturer in multimedia studies argues:

"My song is trivial. It’s a joke. If people are hurt by satire, they should get out of the political game, they should leave it to people who can actually justify their actions and their words and their policies."
- Pauline Pantsdown, ABC 28 September 1998


This portrays just one way in which both parties are forming their own ideas about the defamation law. With Mrs. Hanson feeling her reputation was greatly tarnished by the song, due to it lack of fact. On the other hand it is a parody which comes under the fair comment section of the law.