3) Defamation Flashcards
(14 cards)
What is defamation
Serious damage to the claimant
What are the types of defamation
Libel - Permanent form (print) - criminal action
Slander - nonpermanent form - civil action
Monson v Tussads
- Libel goes beyond newspaper can even be a wax figure
What elements are needed to prove defamation
1) Statement has to be defamatory
2) Has to refer to claimant
3) Has to be published
4) Likely to cause harm/ serious damage to reputation
How do we show a statement is defamatory
Sim v Stretch - lowers reputation of claimant in the eyes of right thinking members of society (objectively decided)
How can a statement be referring to a claimant
Pictures
Names used (Hulton v Jones)
Context
- Must be proved that seasonable ordinary person would take the statement as referring to the claimant
What does statement needs to be published mean
Beyond the claimant, defendant and defendants spouse
- This is essentially to protect claimants reputation
What does likely to cause damage or harm refer to
Defamation Act s.1 - hurt feelings/trivial jokes not enoughW
What are the fences to defamation
Truth
Honest opinion
Responsible publication
Absolute privilege
Qualified privilege
What is the defence of truth
Where the defendant can prove the statement as “substantially true”
- Judged on balance of probabilities
What is the defence of honest opinion
Where d shows what led to these opinions and that the reasonable person would have reached the same conclusion
What is the defence of Responsible publication
Protecting on matter of public interest, Reynolds v Times newspaper
What is the defence of absolute privilege
Comments in parliament, court, solicitor & client
What is qualified privilege
Statement in interest of the public
