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The Empire of the Alexandrians > The Grand Library of the Imperial Parliament > The Defamation Act 2007



Title: The Defamation Act 2007
Description: Passed October 27, 2007.


Emperor Edgard II - March 31, 2008 12:45 AM (GMT)
QUOTE

The Defamation Act of 2007
A Bill to define and establish laws regarding defamation in the Empire.

BE IT ENACTED by the Emperor's most Excellent Imperial Majesty, by and with the advice and consent of the Members of Parliament assembled, and by the authority of the same, as follows:

Article IObject.
The object of this Act is to ensure free and full debate on political questions in Alexandria while preserving to everyone their right to personal honour and reputation.

Article IIConstitutional Rights.
a. This Act must not be read to reduce any rights guaranteed by the Constitution.
b. This Act does not apply to private communications within Alexandria.

Article IIIProcedure.
A cause of action under this Act may be pursued by issuing a statement of claim out of a court of competent jurisdiction and not otherwise.

Article IVDefamation.
a. Defamation means the making of a public statement which has the effect of attacking the personal honor or reputation of another Alexandrian.
b. The statement must exhibit either:
i. malice: or
ii. reckless disregard for the truth;
iii. The rule in Sullivan v. New York Times remains in force;
iv. The trial of an action for defamation must be before a jury.

Article VRemedies.
a. The remedies for defamation are all or any of the following: compensatory damages;
punitive damages; or an apology in terms ordered by the Court.
b. The rule of common law distinguishing libel and slander is abolished.
c. The rule in Hustler Magazine Corporation v Jerry Falwell remains in force.

Article VILimitation.
A cause of action for defamation ceases 3 months after the making of the defamatory statement.

Article VIILiability.
Liability for defamation attaches to the author, editor and publisher of the statement.

Article VIIIImperial Assent.
This Act shall come into operation immediately after it has received the Imperial Assent.




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