Article 2.4.5 Defamation

(a) Elements of Defamation:

A statement shall be considered defamatory where the claimant proves:

(i) The statement was published to at least one third party;

(ii) The statement referred to the claimant, either expressly or by reasonable implication;

(iii) The statement was false or materially misleading at the time of publication, as proven by the claimant unless the respondent concedes falsity or asserts truth as a defence;

(iv) The statement was known to be untrue by the respondent or the respondent acted with reckless disregard as to its falsity; and

(iv) The statement caused or was likely to cause serious harm to the claimant’s reputation.

(b) Standards for Serious Harm:

(i) "Serious harm" requires more than trivial upset or annoyance, and may include tangible professional, personal, or social consequences of reputational damage.

(ii) Legal persons shall demonstrate actual or likely serious financial loss resulting from the defamatory statement.

(iii) The ICT Court may summarily dismiss claims that are frivolous, concern trivial harm, or otherwise constitute an abuse of process.

(c) Digital and Cross-Border Publication:

(i) Defamatory material published online, by automated systems, or across jurisdictions may be actionable where it is accessible in the ICT and causes reputational harm to an ICT resident or legal person.

(ii) Liability for digital dissemination may include the original publisher, platform operator, or any person with editorial control, subject to defences and reasonable notice-and-takedown procedures under this ICT Code or supplemental guidelines of the Operator or decisions of the ICT Court, including where the platform operator knew or ought reasonably to have known the content was defamatory and failed to act promptly.

(d) Defences to Defamation:

A respondent may raise one or more of the following defences:

(i) Truth: The statement is substantially true;

(ii) Honest Opinion: The statement is clearly recognisable as opinion based on disclosed facts;

(iii) Privilege: The statement was made under absolute or qualified privilege, including in judicial, legislative, or official ICT proceedings; and

(iv) Public Interest: The publication concerned a matter of public interest and was reasonably believed to be in the public interest at the time of publication.

(e) Satire and Artistic Expression:

A statement made as satire, parody, or artistic expression shall not be treated as defamatory where a reasonable person would not take the statement to be a statement of fact and the context clearly indicates its expressive nature.

(f) Remedies:

Where defamation is established, the ICT Court may award remedies including:

(i) A public correction, clarification, or retraction;

(ii) Removal or take-down orders for digital content;

(iii) Compensatory damages; and

(iv) Injunctive relief to restrain future defamatory statements.

(g) Specific Procedural Considerations (including Limitation Period):

(i) Notwithstanding Part 4 of this ICT Code, a claimant shall bring a defamation claim within one (1) year from the date of publication.

(ii) Representative claims may be brought with leave of the ICT Court where multiple persons are affected by a substantially similar defamatory publication.

(iii) Claims based on publication by anonymous or pseudonymous persons may be commenced against unknown parties, with ICT Court orders available to compel identification of the responsible party.

(h) Reputational Harm in Innovation Environments:

Statements made within ICT-authorised experimental environments (e.g., simulated platforms, regulatory sandboxes or innovation zones) may be excluded from liability for defamation, provided:

(i) The statement is clearly identified as part of a fictional or experimental framework; and

(ii) There is no real-world reputational harm caused outside the context of that environment.

(i) Other Claims:

This Article does not preclude defamation-related claims under other legal bases, including breach of contract, breach of confidence, or harassment, where supported by the facts and other provisions of this ICT Code.