What is defamation?

There are a few legal interpretations of defamation. Any false or scurrilous, malicious representation, written, printed or spoken, which hurts the reputation of a person; exposes that person to retribution, hatred; ridicule or contempt; injures that person in his or her occupation; or damages the organization he or she works for e.g. financially, reputation.

What you must not do.

As a general rule you must not include in the e-mails any statement about a person or organization which is untrue i.e. cannot be proved.  

There are, however, certain defenses to allegations of defamation.  One such defense is that of qualified privilege.  

This applies to certain situations such as where, in the discharge of a duty, a statement would be protected if honestly made by a person in the discharge of a public or private duty of some kind or in his own affairs in a matter where his interest is concerned. 

In such a situation a person against who in allegation of defamation has been made will have a defense unless it can be shown that the statement was motivated by express or actual malice.   There is however some circumstances in which even if a statement is true if a person is maliciously abused or held up to public ridicule or contempt causing him loss or hurt to his feelings damages may be recoverable.

What are the consequences of not following this Code of Practice?

Under the law of defamation you and/or the organization, employees or individuals could be taken to court and sued by the subject of the defamatory statements.