Defamation

Question 1

Intro

Answer 1

• Defamation Act 2013
• Sue (injunction/ compensation) for damages to name/ reputation of libel/ slander
• Libel = permanent form (writing/ recording/ film)
• Slander = non permanent form (spoken/ gestures)

Question 2

Elements

Answer 2

• Statement if defamatory (ordinary person think worse of C)
• Identifies/refers to C
• Passed to 3rd person
• Caused serious harm to C/serious financial loss of C’s business
  –> Slander = not have to prove financial loss if accusation was of criminal offence or disparaging about C as a professional

Question 3

Defences

Answer 3

• S.2 = Truth
• S.3 = Honest opinion
• S.4 = Matter of public interest/importance
• Privilege
  –> Absolute = Ct proceedings/reports, in parl, between spouses
  –> Qualified = in academic/scientific journals, later report by Ct/parl/public organisation meeting (if fair + accurate not malicious)

Question 4

Remedies

Answer 4

• Amends (apology)
• Damages (compensation)