ZGODA NA NARUSZENIE CZCI NA TLE SYSTEMU COMMON LAW
THE COMMON LAW DEFENCE OF CONSENT IN DEFAMATION ACTION

Summary/Abstract: This Article examines the development of volenti non fit iniuria concept and its application in common law in defamation action. The statement volenti non fit iniuria – to one who is willing, no wrong is done – expresses one of the fundamental principles of the common law of torts. Consent to defamation is given the same meaning as in other tort contexts. Consistent with the general principle, a person who consents to the publication of defamatory matter about himself ordinarily has no cause of action. Consent is a complete defense. Invited defamation or the issuance of a defamatory statement wherein the injured party precipitated the statement’s release is not actionable. What constitutes consent depends upon the circumstances. The scope of the consent may be limited. The consent privilege is lost if its limitations or qualifications are circumvented, ignored, or breached. The consent may be actual or constructive. The extent of the privilege is determined by the terms of the consent. The consent rule is not applied where plaintiff acts directly or indirectly for the purpose of ascertaining in good faith whether or not defendant is publishing defamatory reports about him. The consent, to be effective, must be voluntary. Voluntariness may be found absent where plaintiff lacks effective control over the dissemination of the defamatory matter at issue.

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