DEDAFAMATION PART TWO Flashcards
Outline and explain the truth defence
the truth defence comes under defamation act 2013 that the words complained are “substantially true” on the “balance of probabilities”
what does the truth defence apply to?
facts, inferences and innuendos
what will be asked to prove ‘truth” if there is multiple statements.
truth will be asked to be proved of the statement that has the most damages, with the ‘sting’
what are different types of evidence to meet truth defence?
Evidence to meet standard of proof could include witness statements, recordings, footage, official records and documents.
what is a relevant case study?
Johnny depp lost a libel action against a newspaper article labelling him as a wife beater. He lost the claim as it was found to be substantially true and it was thought to of cost the star 5m in legal fees.
explain and outline the honest opinion defence
-falls under section 3 of the 2013 act
-must be of the honest held opinion of the person making it
-it must be recognisable as opinion and not factual claim
-it must be based of true fact or privileged information
-it must be generally clear what information the opinion is based on
when does the truth defence fail?
The defence fails if the claimant can prove the author didn’t hold the opinion, or that where a statement was published by defendant but made by another person, the defendant knew or “should have known” the author didn’t hold the opinion.
when would the opinion defence apply?
-reviews, the opinion defence would apply to reviews e.g criticism of events such as performances, books and restaurants
-courts, this covers comments made about a defendant convicted of a crime and comments made about judges with people with privileged information
what is an example of a relevant case study?
galloway case study, in 2003 galloway sued a newspaper over articles making allegations about them. The newspaper tried to defend it was just opinion but the newspaper used the word damning which indicated guilt
what is privilege?
-privilege covers instances in which public interest means there should be freedom of speech with risk of defamation action even if it turns out to be false
what is absolute privilege
-applies to Mps/peers in parliament
-Reports in Hansard and Government White
Papers
-Reports of open court proceedings, including
inquests and tribunals, in the UK and abroad
-It only applies to reports of proceedings – for
example, it does not cover defamatory matter shouted from a public gallery, or statements made after a hearing
-reports of public inquiry proceedings and court material proceedings of the Uk armed forces held in uk/abroad
requirments for absolute privledge
-fair A report must summarise both sides, contain no inaccuracies and avoid giving disproportionate weight to one side or another.
-accurate, All allegations made in a report must be clearly attributed (for example to prosecuting or defence counsel) with no careless reporting
-contemporaneous,This means a report should be published at the earliest opportunity or “as soon as practicable”. This will vary depending on the publication, and can be delayed due to a court order.
what is qualified privilege
qualified privilege covers two types of statement under schedule 1 of defamation act and has a part one and two
what comes under qualified privilege part 1?
