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Vulgar abuse, jest and triviality

Although words might appear defamatory, a defendant may establish that they were spoken in jest or as part of vulgar abuse and therefore did not convey any defamatory meaning to those who heard or saw the words. In other words, the words were not taken seriously. The Defamation Act 2005 (SA) also provides a defence of triviality, where the circumstances of publication were such that the plaintiff was unlikely to sustain any harm.

Vulgar abuse, jest and triviality  :  Last Revised: Tue May 23rd 2006
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