Question

Diana and Sheila were running for BCC Student President position. In an interview with the local newspaper, Diana told a reporter that Sheila would not win because Sheila cheated on her exams and there was an investigation pending against Sheila. Diana knew her statement was false but wanted to get an advantage over Sheila in the election. Sheila read the article and sues Diana for defamation. What will Sheila need to prove to win? What is the result and why?

Answer 1

Since this is a defamation case, there are 4 elements that Shiela would need to prove

1. The statement made by Diana is not true and is fabricated.
2. The statement made by Diana was communicated to a publication or a third person.
3. The actions of Diana in making the statement were intended to harm Sheila.
4. The false statements caused damages or losses to Shiela.

Analysis: Based on the given information above, the first element can be proved as Diana knew that the statement was false. The second element can also be proved since Diana communicated the false information to the newspaper which is a publication. Diana's actions were intentional as she did that to gain an advantage in the elections thereby proving the third element. The fourth element is also concrete as the investigations about Sheila affect her chances in the election and hurt her chances to win. Therefore, Sheila is highly likely to win the case.