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Flashcards in DEFAMATION Deck (17)
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1

What are the elements of defamation?

Must be a defamatory statement
Must refer to the Claimant
Must have been published

2

What is the diff between libel and slander?

Libel- publication in permanent form
Slander- publication in transitory form, proof of special damage is needed ie financial loss

3

What question is asked as regards to whether the material is defamatory?

Does it lower the claimants reputation in the eyes of the ordinary person?

(Lewis v Telegraph)

4

What if the statement is merely abusive in heat of moment?

No defamation

5

What is the requirement of seriousness?

Must have been likely to cause serious harm to rep of C

6

What is a false innuendo?

Literal meaning of words not def but reader understands true meaning.

7

What is true innuendo?

Def meaning becomes apparent vs background of facts known by reader

8

What test is applied to establish if material referred to C

Reasonable person test

9

What about group defamation?

Not generally recognised unless class is very small

10

What is the up to date law on publication?

Single publication rule as opposed to fresh action for each repost

11

Can goverment bodies sue for defamation?

Nope

12

What is the truth defence?

If statement is true is cannot have lowered reputation further.. Alexander v NE Railway co

13

What is the defence of honest opinion?

Statement was an opinion
Opinion must be honest

14

What is absolute privilege as a defence?

ie statements read in P, witness statements

15

What is qualified privilege?

D has a duty to communicate the info to the public who has an interest in receiving the info

16

What is an offer of ammends?

Offer of apology
Compensation offered

If rejected by C can be used as a defence

17

What are the damages guidelines?

Jury should receive guidance based off personal injury