DEFAMATION

Question 1

SECTION 1 DEFAMATION ACT 2013

Answer 1

Claimant must show statement HAS or is LIKELY to cause SERIOUS HARM to his or her reputation

Every repetition of defamatory statement is a fresh publication

Question 2

WHAT CLAIMANT MUST PROVE

Answer 2

Defamation: The claimant must prove it causes them serious harm

Identification – must prove that it can be reasonable understood to refer to him/her

Publication – that is has been published to a third person

Question 3

ABSOLUTE PRIVILEGE

Answer 3

• Concern proceedings held in public
• Fair
• Accurate
• Reported contemporaneously

Reports can be made ‘fair and accurate’ by correct attribution (the court heard the defendant murdered the victim) and by including ‘the trial continues…’

Question 4

QUALIFIED PRIVILEGE

Answer 4

Part 1 of Schedule 1 - Defamation Act 1996

• Fair
• Accurate
• Published without malice
• In the public interest

Question 5

PUBLIC GALLERY OUTBURSTS

Answer 5

If shouter had given evidence as a witness, privilege would protect its inclusion in a court report

If the statement isn’t defamatory, it can be included in a court report safely

If a court report contains background matter or comment which did not originate in court would not destroy the privilege of the rest of the report

Question 6

COURT DOCUMENTS

Answer 6

Either absolute or qualified privilege can cover court documents obtained under criminal procedure rules (absolute if received contemporaneously, qualified if not)

As long as the journalist complies with any reporting restrictions applying

If the document or the relevant part has been read aloud in court

Or treated by the court as if it has been read aloud

Question 7

WRITTEN EVIDENCE INQUESTS

Answer 7

Absolute or qualified privilege can apply to a report of written evidence a journalist has been authorised by a coroner to inspect to help the reporting of an inquest

Or to a report of a case document which a journalist has a right to inspect under Civil Procedure Rules

Or any other document which a judge has decided should be provided to him/her to aid reporting of that civil court case

If the journalist complies with any reporting restriction applying

Question 8

HONEST OPINION DEFENCE

Answer 8

Comments must be honestly held opinion of person making it

Based on probably true fact

Recognisable as opinion

Indicate the act or information on which it is based