Ann: Appendix 4C - quarterly, page-106

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happytrader2015

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04/11/17

21:24

Post #: 28505196
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Originally posted by Jasmin ↑

Heres another disclaimer some may have missed......

What is defamatory?

A defamatory statement is one that would cause an ordinary person to think less of the person the statement is about.
You must consider the imputation conveyed by your posts, as that is what determines whether it is defamatory. Many statements can have a defamatory meaning beyond the exact words used.
Most commonly, a post will be defamatory because of what it implies or infers. The defamatory meaning is often insinuated and can often be read between the lines. This is more easily done when a post is derogatory.
Allegations and rumours — The report or repetition of an allegation or rumour may be defamatory. By posting the allegation or rumour you may give it credence and may imply that it is true. This may be so even if you simply state that you are only repeating the allegation or rumour.
Contradictions — If you attempt to qualify a potentially defamatory statement with a statement such as “but there is nothing to prove that it is true” – this will not necessarily prevent the statement from being defamatory. The court will look at the publication as a whole.
Humour — A post which is humorous can still be defamatory. It does not matter what you intend the words to mean, or that a post was intended only as a joke.
The following categories of defamatory imputations provide some guidance as to what may be defamatory:

allegations of criminality, including corruption, bribery or conspiracy;

dishonesty, deceitful conduct including stealing and fraud;

misconduct, misuse of position, abuse of office, unethical behaviour, conflicts of interest or bias; and

incompetence, unprofessional behaviour, negligence, inability to carry out one’s responsibilities with due care and skill.

Australia does not have the same tradition of free speech as there is in the United States. Plaintiffs can pursue technical causes of action for defamation, at the lower end of the scale, that are nevertheless very expensive for all parties concerned.

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misconduct, misuse of position, abuse of office, unethical behaviour, conflicts of interest or bias; and

incompetence, unprofessional behaviour, negligence, inability to carry out one’s responsibilities with due care and skill.

seems the innuendo repeated here Ad nauseam on the board may fall within these categories. if anyone has a case against the board they need to step up right now and state it in plain unambiguous language and provide evidence. really simple stuff.
AJX Price at posting: 36.0¢ Sentiment: Buy Disclosure: Held
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