Edited by András Koltay and Paul Wragg
Chapter 11: Defamation by photo manipulation under New Zealand law
In instances of unauthorised photo manipulation, defamation law can sometimes provide redress to the person whose image has been altered. This chapter analyses three aspects of New Zealand defamation law particularly relevant to photo manipulation, with comparative references to English law. The chapter also examines real life examples of unauthorised photo manipulation and critically evaluates whether they would be defamatory under current New Zealand law. These examples include a well-known English passing off case and a New Zealand incident comparable to an English defamation case. The chapter identifies contexts in which New Zealand defamation law may not be a useful tool against unconsented photo manipulation, including the effect of accompanying ‘disclaimer’ text on the defamation analysis.
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