2. 外语
  3. (a) Define defamation. (b) Explain the difference between libel and slander.

(a) Define defamation. (b) Explain the difference between libel and slander.

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问题  (a) Define defamation.
(b) Explain the difference between libel and slander.
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答案(a) Defamation is defined as a statement "lowering a person in the estimation of right-thinking members of society generally". Mere vulgar or abusive use of language is insufficient, nor is a statement that would lower a person only in the eyes of persons who are not "right-thinking". A statement is defamatory unless an average right-thinking man in the society takes the same view. (b) Libel is a communication in any permanent form such as writing, films, sculpture, records, radio and television broadcast, etc. Slander is a communication in any transient form, e.g. speech and gestures. There are two important distinctions: Libel may give rise to criminal as well as civil liability, but not with slander. Libel is actionable per se, the mere fact that a person has been libeled is sufficient to bring an action. Slander is actionable only on proof of special damage with exception.
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