Question: Prity and Tanisha Kumar are 22-year-old indistinguishable twins. The Kumar's live in a settlement on the outskirts of Suva town in Fiji Islands. Prity was a brilliant child in secondary school and then proceeded to pursue her MBSS degree at Fiji School of Medicine campus in Ba. Apart from her studies, she aspires to become a student rep and will be contesting in the upcoming student election. On the other hand, Tanisha was an average performer in high school studies unlike her intelligent twin sister. She got into bad company and also got addicted to drugs. She left her studies incomplete, and then decided to move to her uncle's place in Savusavu (Fiji) to work in a soap factory. Prity is now into her third year of MBBS studies and has hardly talked to Taniha for three long years. Coincidentally, very few people at her campus are actually aware that she has a twin sister. Manisha, who is classmate of Prity and Tanisha, is also pursuing her studies at the same tertiary institution. She has always disliked Prity owing to her intelligent traits and does not want her to win the upcoming elections. She devises a plan and gathers an old photograph of Tanisha snorting a hard drug with her friends during her school days. She sends that mistaken picture to the local newspaper agency a day before elections and left a caption that read "Ms. Kumar is a drug addict". The photograph was very clear and looked exactly like Prity, The local new agency unaware that Prity had an identical twin sister, published the photograph of Tanisha the same day, with a caption that read, "Drug Addict for University Senate?". The news reporter also acknowledged that it had received the photograph of "Prity kumar" anonymously earlier that day. Prity was very distressed about that newspaper's publication and subsequently lost the election. Thereafter, Prity filed defamation claims against both Manisha and the local Newspaper Agency. Required: a) Discuss the likely outcome of Prity defamation claim against Manisha? Use IRAC method b) Discuss the likely outcome of Prity's defamation claim against Newspaper? Use IRAC method c) Discuss atleast 2(two) potential defenses for Manisha and Newspaper agency.
Question: Prity and Tanisha Kumar are 22-year-old indistinguishable twins. The Kumar's live in a settlement on the outskirts of Suva town in Fiji Islands. Prity was a brilliant child in secondary school and then proceeded to pursue her MBSS degree at Fiji School of Medicine campus in Ba. Apart from her studies, she aspires to become a student rep and will be contesting in the upcoming student election. On the other hand, Tanisha was an average performer in high school studies unlike her intelligent twin sister. She got into bad company and also got addicted to drugs. She left her studies incomplete, and then decided to move to her uncle's place in Savusavu (Fiji) to work in a soap factory. Prity is now into her third year of MBBS studies and has hardly talked to Taniha for three long years. Coincidentally, very few people at her campus are actually aware that she has a twin sister. Manisha, who is classmate of Prity and Tanisha, is also pursuing her studies at the same tertiary institution. She has always disliked Prity owing to her intelligent traits and does not want her to win the upcoming elections. She devises a plan and gathers an old photograph of Tanisha snorting a hard drug with her friends during her school days. She sends that mistaken picture to the local newspaper agency a day before elections and left a caption that read "Ms. Kumar is a drug addict". The photograph was very clear and looked exactly like Prity, The local new agency unaware that Prity had an identical twin sister, published the photograph of Tanisha the same day, with a caption that read, "Drug Addict for University Senate?". The news reporter also acknowledged that it had received the photograph of "Prity kumar" anonymously earlier that day. Prity was very distressed about that newspaper's publication and subsequently lost the election. Thereafter, Prity filed defamation claims against both Manisha and the local Newspaper Agency. Required: a) Discuss the likely outcome of Prity defamation claim against Manisha? Use IRAC method b) Discuss the likely outcome of Prity's defamation claim against Newspaper? Use IRAC method c) Discuss atleast 2(two) potential defenses for Manisha and Newspaper agency.
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Use IRAC method Please answer this questions this time answer this questions I need help from experts please. Use relevant cases and statutes where applicable in answers.
Please refer to the notes which I have provided , so that it will be easy for expert to answer early . This time please answer this questions. Answer part a, b , c. I need the answer in 2 hours , I am struggling with this questions.
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Transcribed Image Text:Notes: On Defamation
I am providing the notes on defamation so that it will be easy for expert to answer my question as fast as they can in 2 hours as I need
this question to be answered.
• Defamation is the publication of false 'statement' that is likely to damage a person's reputation Statements can be:
Written.
Spoken.
▪ Images.
Signs.
■ Gestures.
▪ Main remedy is damages.
• Formally, there were two types:
▪ Libel: Defamation in a permanent form e.g. Publication of a book, upload picture
▪ Slander: Non-permanent, usually spoken. eg. Gestures
A statement must:
• Be defamatory: According to ordinary and natural meaning of words. May be express or implied and only harmful in eyes of
limited community
• Identify the Plaintiff: Unintentional reference is still defamatory
• Be published. A statement published on Internet is subject to defamation laws in jurisdiction where downloaded.
Defenses to Defamation: Use this notes to answer part c question as it is directly related:
1. Justification: Statement was substantially true. i.e. words spoken is not false
2. Absolute Privilege: (Total defense, even if statement false or malicious). Primarily for statements made in parliamentary sessions
and court. Eg. Judicial sittings, arguments by lawyers, testimonies in court.
3. Qualified Privilege: Defendant must prove:
a) Recipient had an acceptable interest in subject matter.
b) Publication was relevant to interest.
c) Conduct was reasonable i.e. was in public interest, defamation not serious, based on reliable sources etc.
d) Implied constitutional right to publish statements regarding political statements is protected, but the publisher must not act
with malice. Eg, A employer reference, statements by journalist dealing with industrial pollution.
4. Fair Comment: Publications protected if they express opinions in the public interest, and they are based on proper material i.e.
they satisfy one or more of the defenses available under the Defamation Act. Eg. Local politics which involves strong public
interest.
5. Innocent Dissemination: Publishers protected if they merely distribute for others, did not know or reasonably should not have
known the material was defamatory and their ignorance was not due to negligence. Eg. A newspaper editor can have a minor
defense if he did not read contents of reports before publishing.
Transcribed Image Text:Please refer to the Notes given in image 1 to answer this question.
Note: Use relevant cases and statutes where applicable in answers.
Question:
Prity and Tanisha Kumar are 22-year-old indistinguishable twins. The Kumar's live in a settlement on the outskirts of Suva town in Fiji Islands.
Prity was a brilliant child in secondary school and then proceeded to pursue her MBSS degree at Fiji School of Medicine campus in Ba. Apart from her
studies, she aspires to become a student rep and will be contesting in the upcoming student election.
On the other hand, Tanisha was an average performer in high school studies unlike her intelligent twin sister. She got into bad company and also got
addicted to drugs. She left her studies incomplete, and then decided to move to her uncle's place in Savusavu (Fiji) to work in a soap factory.
Prity is now into her third year of MBBS studies and has hardly talked to Janiha for three long years. Coincidentally, very few people at her campus are
actually aware that she has a twin sister.
Manisha, who classmate of Prity and Tanisha, is also pursuing her studies at the same tertiary institution. She has always disliked Prity owing to her
intelligent traits and does not want her to win the upcoming elections. She devises a plan and gathers an old photograph of Tanisha snorting a hard
drug with her friends during her school days. She sends that mistaken picture to the local newspaper agency a day before elections and left a caption
that read "Ms. Kumar is a drug addict".
The photograph was very clear and looked exactly like Prity. The local new agency unaware that Prity had an identical twin sister, published the
photograph of Tanisha the same day, with a caption that read, "Drug Addict for University Senate?". The news reporter also acknowledged that it had
received the photograph of "Prity kumar" anonymously earlier that day. Prity was very distressed about that newspaper's publication and
subsequently lost the election.
Thereafter, Prity filed defamation claims against both Manisha and the local Newspaper Agency.
Required:
a) Discuss the likely outcome of Prity defamation claim against Manisha?
Use IRAC method
b) Discuss the likely outcome of Prity's defamation claim against Newspaper?
Use IRAC method
c) Discuss atleast 2(two) potential defenses for Manisha and Newspaper agency.
Note: Important: IRAC Method. I- Issue, R-Rule, A- Application, C- Conclusion
. Please answer this question by referring to the given notes in image 1.
• Use IRAC Method to answer part a & b question
• Don't copy from any website.
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