Defamation

Question 1

What does defamation do

Answer 1

Protect rep

Question 2

Two types

Answer 2

Slander (transitory)

Libel (permanent)

Question 3

In what court

Answer 3

High and county

Question 4

Definition of defamation

Answer 4

The communication of a false statement that has unjustly caused harm to reputation.

Question 5

Basic defamation case

Answer 5

Monson v Toussauds

Wax model holding gun-held:libel

Question 6

Main act for defamation

Answer 6

Defamation Act 2013

Question 7

What must the C show for defamation? (4)

Answer 7

A defamatory statement, referring to claimant, publishes, causing/likely to cause serious harm to rep

Question 8

Byrne v Deane

Answer 8

D owned illegal gambling machines. C informed police. Notice on wall said “Byrne in hell”.

Not defamatory as ordinary person would have approved of informing police

Question 9

Refers to claimant case

Answer 9

Knupfer v London Express Newspapers

An ordinary person would understand it referred to the claimant

Directed at political group, claimed to support Hitler. A limited group of people can all sue

Question 10

Extra Refer to claimant cases

Answer 10

Hulton v Jones-name can be fictional
Dwell v Macmillan-pictures used
Hayward v Thompson-refer through context

Question 11

Must be published case

Answer 11

Huth & Huth-was not published as did not expect butler to read it, so not defamatory.

Question 12

6 defences to defamation

Answer 12

Truth S2
Honest Opinion S3
Public interest S4
Absolute privilege 
Qualified privilege
Offer of amends

Question 13

Truth defence S2

Answer 13

If substantially true-defence available, no matter how damaging. Small inaccuracies do not prevent validity

Question 14

Honest opinion

Answer 14

Allowed if 3 conditions met.
Opinion made
Basis for opinion given
Honest person would’ve thought the same

Question 15

Public interest S4 case

Answer 15

Reynolds-outlines factors to be considered for public interest e.g seriousness, reliability.

Question 16

Absolute privilege

Answer 16

covers person making statement e.g spouse to spouse, solicitor to client

Question 17

Qualified privilege

Answer 17

Applies to statements in certain circumstances, without malice

Question 18

Offer of amends

Answer 18

Written apology with compensation.

Question 19

Sim v Stretch

Answer 19

Defamatory if lowers rep

Question 20

How do courts decide what is defamatory?

Answer 20

objective test-would statement make an ordinary person think less of them, think they couldn’t do their job, avoid them or treat them as a figure of fun

Question 21

Parkins v Scott

Answer 21

Vulgar abuse or insults said in heat of argument are not defamatory s1(1)

Question 22

Tolley v JS Fry

Answer 22

Statement can defamatory by implication/innuendo.

Golfer’s image used in chocolate promotion. Implication he had been paid=defamatory

Question 23

When can liability be escaped, and case

Answer 23

by swift apology (Cooke v MGN)

Question 24

What rewards are for defamation

Answer 24

Compensation or injunction

Question 25

S12 HRA

Answer 25

Journalistic merit-Journalists can disclose information with matters of public interest, even if harmful

Question 26

S11 DA 2013

Answer 26

Cases are tried without jury, judge decides remedy

Question 27

S1(1)

Answer 27

Serious harm must be caused/likely to be caused.

Reduces number of claims brought over insults or jokes etc e.g Parkins v Scott