G: WAYS IN WHICH ADVERTISING AND MARKETING CAN INFRINGE THIRD PARTY RIGHTS

88 Defamation

A defamatory statement is one which tends to injure a person’s reputation in either their personal or professional life. The statement can be made in the form of words, visual images or gestures, and an action for libel or slander will lie once the statement has been conveyed to a person other than the claimant. There are a number of defences, including justification. This defence will succeed where the defendant is able to establish that the defamatory statement is true.

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