Asked by Harry Singh on May 11, 2024
Verified
Following an account broadcast on the TV station the night before about a particular city councillor having been pulled over for drunk driving, Joe, a political cartoonist, drew a political cartoon of the councillor, obviously drunk and with his clothes in disarray, having difficulty walking down a straight line on the road with a sober police officer looking on. This was published the next day in the paper for which Joe works. The city councillor involved had disagreements with Joe in the past and intensely disliked him. It turned out that the story published on TV was an error, but the city councillor chose not to sue the TV reporter and the station, but rather he sued Joe for defamation. What would Joe's best defence be? Indicate the likely outcome.
Political Cartoonist
An artist or illustrator who creates cartoons that comment on political events, figures, and issues, often using satire.
Defamation
The act of damaging someone's reputation through false statements.
Best Defence
The most effective legal argument or strategy used to achieve a favorable outcome in a legal case.
- Achieve an understanding of the jurisprudential elements and defenses in defamation law.
- Acknowledge the utility of fair comment and public interest in the rebuttal of defamation charges.
Verified Answer
TD
Thái D??ng Nguy?nMay 16, 2024
Final Answer :
Joe's best defence would be fair comment. Unfortunately for Joe, the fact upon which the comment or opinion is made must be correct. Here it was not, and so he would be liable for defamation. It doesn't matter that the city councillor chose to sue Joe instead of the TV station. It would be no defence for Joe that the city councillor was motivated by malice against him, because the councillor was defamed.
Learning Objectives
- Achieve an understanding of the jurisprudential elements and defenses in defamation law.
- Acknowledge the utility of fair comment and public interest in the rebuttal of defamation charges.