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Defamation is rife online, but such "flaming" is generally accepted as part of the frank and vigorous exchange of views on e-mail discussion lists and in chat rooms. Few people resort to litigation over an online character assassination - preferring to either ignore it or return fire in a flame war. But while netizens, Internet citizens, typically foster a culture of free speech, traditional laws of defamation still apply.
According to the Legal Information Access Centre ILIAC) of the State Library of NSW, the resolution of an online defamation follows the same path as any other defamation action. Three key elements must be proved:
1 A defamatory imputation must be made.
2 The material must identify the complainant.
3 The material must be published to a third person and all available defences must be overcome.
The LIAC points out that anyone who...