Defamation

Question 1

Where is the law on defamation?q

Answer 1

Was under common law but then brought under the Defamation Act 2013

Question 2

What is defamation?

Answer 2

To sue (for injuction/compensation) for damages to name and reputation of libel or slander
- Libel = permanent form (writing, recording, film)
- Slander = non-permanent form (spoken, gestures)

Question 3

What are the elements of defamation?

Answer 3

• Statement is defamatory (ordinary person think worse of C)
• Identifies or refers to C
• Passed to 3rd person
• Causes serious harm to C or serious financial loss of C’s business
  –> Not have to prove financial loss for slander if accusation was of a criminal offence or disparaging about C as a professional

Question 4

What are the defences of defamation?

Answer 4

• S.2 = Truth
• S.3 = Honest opinion
• S.4 = Matter of public interest or importance
• Privilege
  –> Absolute = Ct proceedings or report, parliamentary discussions, between spouses
  –> Qualified = in academic or scientific journals, later reports of court or parliament, reports of public organisation meetings, must be fair and accurate not malicious

Question 5

What are the remedies for defamation?

Answer 5

• Amends (apology)
• Damages (compensation)