MOLONEY TEST Meaning and
Definition
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The Moloney Test is a legal principle used to determine whether a statement qualifies as defamation or free speech. It is named after the landmark 2017 Australian court case, Moloney v. The Twitter Inc & Ors, which established this test. Introduced by Justice Michael Wigney, the Moloney Test comprises a set of criteria to evaluate whether a statement is defamatory and causes harm to the reputation of an individual or entity.
According to the Moloney Test, for a statement to be considered defamatory, it must meet three essential elements. First, the statement must be factual rather than an expression of opinion. A mere opinion cannot be defamatory. Second, the statement must convey a defamatory imputation, meaning it lowers the reputation of the subject in the eyes of ordinary people. Lastly, the statement must be communicated to a third party other than the subject of the defamation.
Under the Moloney Test, if a statement fulfills all these elements, it can be categorized as defamatory. However, the test also acknowledges that the context of the statement and its potential impact are significant factors in evaluating whether the statement is defamatory or protected as free speech. The Moloney Test seeks to balance the right to freedom of speech with the need to protect individuals from baseless defamatory claims.
Common Misspellings for MOLONEY TEST
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Etymology of MOLONEY TEST
The word "Moloney test" is named after the scientist John P. Moloney, who developed the test. However, the term "Moloney" itself does not have an etymology as it is simply attributed to the name of the scientist.
