Defamation Flashcards
what is a defamatory statement?
A defamatory statement is a statement that has or is likely to damage someone’s reputation. it can either be in the written (libel) or spoken (slander)
what is an example? relevant case study
Lance Armstrong case study, newspaper released he was a cheating using performance enhancing drugs and he sued the newspaper. Later on, these statements turned out to be true and the newspaper sued Armstrong
what is the key act relating defamatory?
defamation act 2013. since the act, defamation cases are only heard by a judge. A judge will decide if the statements are defamatory.
what makes a statement defamatory? (detailed)
-has or likely to cause someone serious harm to their reputation by exposing them to…
-ridicule/hatred
-lowering them in the estimation of right-thinking members of society
-causing them to be shunned/avoided
-causing a negative impact on their job/business
what will the judge take into consideration in a defamation trial?
the test in law is what would a ‘ordinary reader’ would understand the statement to read, the judge will be asked to define one meaning of the statement. This may not be what the writer of the statement intended it to be mean or how the claimant interpreted it.
what is an inference? (different types of defamatory statements)
A statement with a double or hidden meaning which could carry a defamatory inference. (the editor came out of the pub swaying)
what is an innuendo? (different types of defamatory statements)
A statement which seems innocent but could be defamatory to someone with specialist knowledge.
why might media groups be reluctant to fight defamation claims? in may cases, choosing to settle a case before it gets to trial
-high damages expenses if they loose, the ceiling is around £350,000
-may be uncertainty around how the judge will define the meaning
-difficulty proving a case
what must a claimant prove?
-must prove the statement is likely to cause or has caused serious harm to their reputation
-that it can be reasonably understood to refer to them (identification)
-must prove the statement has been published to at least one other person
what is meant by identification when referring to defamation?
-a wrong photo or caption can be defamatory as long as using stock images can lead to a defamatory statement
- defaming an institution or business can also risk damaging the employees especially if its a small group
what is the risk of identifying someone who’s been arrested
although they could have their house searched or been arrested, they still could be not guilty, it infers guilt
what is a case study relating to identification?
the daily mail once reported a man called Harold Newstead,30 from camberwell has been jailed for 9 months. another Harold Newstead from the same place sued. It didn’t give an address or occupation.
what is a second case study relating to identification?
Chris Jeffries, won substantial damages from eight newspapers. A tenant of his was found guilty and he had been arrested but was later released without charge and her neighbour was found to have murdered the tenant.
what are the rules surrounding publication?
-the repetition rule refers to every fresh publication of the libel is a fresh claim
-there is no defence for the publisher to say they were just repeating words and not liable
under what section of 2013 act covers single publication rule and what does it mean?
under section 8 of 2013 act, the single publication act means a claimant must bring an action within 12 months of the first publication.
-the single publication rule does not apply if the same publisher are materially different e.g the prominence of the article
-publication of the same allegation by a different publisher will trigger a new 12 month period for that publication
