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Whether material is defamatory is a matter for the courts to determine. The main tests established by the courts in deciding whether material is defamatory are whether the words used “tend to lower the plaintiff [claimant] in the estimation of right-thinking members of society generally”1, “without justification or lawful excuse, [are] calculated to injure the reputation of another, by exposing him to hatred, contempt, or ridicule”2, or tend to make the claimant “be shunned and avoided and that without any moral discredit on [the claimant’s] part”3.
