Chase Levels in defamation cases
- Details
- Hits: 4570
Explanation of Chase Levels
Chase Levels are a useful tool for determining the degree of defamatory meaning or imputation in a statement, but they should not be considered the be-all and end-all when it comes to this analysis.
What are the different Chase Levels in defamation cases
Example of a Chase Level court hearing
What is a "meaning hearing" in defamation cases
Where did the term Chase Levels come from
What are the different Chase Levels in defamation cases?
Chase Levels 1, 2 and 3 in defamation cases refer to the three points levels of defamatory meanings that were identified by the court. At Chase Level 1, the claimant is seen as being guilty or liable for the alleged act. This is the most severe level, as the claimant is viewed as having committed the act with certainty. At Chase Level 2, there is reasonable ground to suspect that the claimant has committed the act.
This does not mean that the claimant is seen as being guilty, but rather that there is enough evidence to initiate further investigation. Lastly, at Chase Level 3, there is probable cause to investigate the claimant's guilt. The courts recognise these levels of meaning as distinct and valid legal standards, which has implications for the standards of proof necessary in defamation cases. The courts must determine whether a claimant has been defamed under one of these three levels of meaning in order to properly adjudicate a case.
Example of a Chase Level court hearing
What is a "meaning hearing" in defamation cases
In a meaning hearing, the court's task is to assess the reasonable interpretation of the words given by the hypothetical reader. This interpretation should be derived objectively and should be based on the natural understanding of the words and their context. The court will consider the context of the words, including their surrounding words, the purpose of the writing, and the context of the entire document.
The court will then establish the single natural meaning of the words that the hypothetical reader would understand, and use this meaning to make their decision. This evidence-based approach is necessary to ensure that the court is accurately interpreting the words and that the decision being made is reasonable and fair.
Where did the term Chase Levels come from
The court identified three levels of defamatory meanings, now known as the Chase Levels, in the case of Chase v Desormeaux (1986). Level 1 means that the claimant is found guilty or liable for the alleged act. Level 2 means that reasonable grounds exist to suspect the claimant of the act. Level 3 means that there is probable cause to investigate the claimant's guilt. These three Levels are important to consider when determining if a statement is defamatory or not.
The level of defamatory meaning must be taken into account to determine if a statement is defamatory or not. This is important to consider in order to ensure that the statement is not libellous or slanderous.
Are there only 3 Chase Levels
Chase Levels are a measure used to determine the level of defamation present in a statement or communication. While they are a useful tool in assessing the extent of defamation, they do not provide a conclusive answer as to the degree of defamatory meaning or imputation present.
This is because there are a variety of factors to consider when making such an assessment and the Chase Levels do not take these factors into account. In addition, there is a "grey area" between the two Chase Levels, making it difficult to make an accurate determination. It is therefore important to take all of the relevant factors into account when assessing the level of defamation present in any statement or communication.
