3 - defamation Flashcards
(49 cards)
What does the law of defamation protect?
Reputation
It seeks to balance this protection against the public interest in freedom of expression.
What are the two forms of the tort of defamation?
- Libel
- Slander
What is libel characterized by?
Publication in a non-transient form (e.g. written)
Libel is generally considered to have a longer-lasting and more widely communicated effect.
What is slander characterized by?
Publication in a transient form (e.g. oral)
Slander may require proof of special damage unless actionable per se.
What is the legal significance of the case Harman v Delany?
It illustrates the diffusive effect of libel, which is likely to be longer-lasting.
What must be proven for slander to be actionable?
Special damage unless actionable per se.
Which case confirms that libel is always actionable per se?
Lachaux v Independent Print Ltd [2020] AC 612
What are the requirements for a statement to be considered defamatory?
- The statement must be defamatory
- It must refer to the claimant
- It must be published to a third party
What does ‘defamatory’ mean in the context of defamation?
Causing or likely to cause serious harm to the claimant’s reputation
What did Lord Atkin’s broader test in Sim v Stretch establish?
Whether the words tend to lower the plaintiff in the estimation of right-thinking members of society generally.
What is the significance of the Defamation Act 2013 regarding serious harm?
A statement is not defamatory unless its publication has caused or is likely to cause serious harm.
What does the term ‘right-thinking people’ refer to?
Members of society who are considered reasonable and moral.
What distinguishes defamation from jokes and insults?
Defamation involves serious harm to reputation, while jokes and insults may not.
What is the role of images in defamation cases?
Images can create defamatory meanings through their context and juxtaposition.
Explain the concept of false innuendo in defamation.
An inference or implication drawn from the words themselves, not necessarily apparent.
What is true innuendo?
Facts or circumstances not apparent from the words that give them a different meaning.
In the case of Cassidy v. Daily Mirror Newspapers Ltd, what was the outcome regarding the defendant’s knowledge?
The defendant was liable despite being unaware of the facts that made the statement defamatory.
Can non-individuals sue for defamation?
Yes, public bodies, universities, political parties, and trade unions can sue for damage to reputation.
What is the test for group defamation?
The defamatory words must be published of and concerning the plaintiff.
What is the significance of the case Eastwood v. Holmes in group defamation?
It illustrates that there is no special rule for group defamations.
What does ‘publication to a third party’ mean in defamation law?
The statement must be communicated to someone other than the claimant.
What is the precedent set by Godfrey v Demon regarding internet publications?
Every access to the publication is considered a publication.
What is the significance of the Electronic Commerce Regulations 2002 in defamation?
They provide defenses for internet service providers regarding liability.
What does ‘innocent dissemination’ refer to in defamation law?
A defense where the defendant was not the author, editor, or commercial publisher.
