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SA Sponsor Filing Defamation Lawsuit for Hooning Complaint?

Discussion in 'Defamation Law Forum' started by whoablackbetty, 23 June 2016.

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  1. whoablackbetty

    whoablackbetty Active Member

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    A member of the public rang the small business that sponsored my performance car and complained about me hooning (their sticker is visible on my car). The sponsor is now threatening possible defamation lawsuit. Is this even possible?
     
  2. Sophea

    Sophea Well-Known Member

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    Dear whoablackbetty,

    To establish an action in civil defamation against you, your sponsor would need to prove 3 things:
    1. Publication – That you communicated information to another person or other people. Publication can be by spoken words, audible sound, words intended to be read, signs signals, gestures or visible representations.
    2. Identification – The information identifies your sponsor or makes it clear to others that the communication is about them; and
    3. Defamatory Content – The information is defamatory: info that damaged your sponsor's reputation, exposed them to ill feeling or ridicule or caused others to avoid them or think less of them.
    Generally, defamation is based on actual statements, not actions. I have never come across a sponsor suing a sponsored party for actions before, and I'm not sure that an action would be considered a "publication" for such purposes.
     
    whoablackbetty likes this.

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