defamation Flashcards
what case has the definition of defamation
SIMS V STRETCH
what is the definition of defamation made in sims v stretch
publication of material which refects on the plaintiff’s reputation so as to lower the plaintiffs in the estimtaion of right-thinking members of society generally
what must the publication cause
publication must cause or be likely to cause serious harm to the reputation of the claimant (or if a financial body must cause serious financial loss)
what are the two types of defamation
libel and slander
what is libel
Defamatory material in permanent form such as written/printed statements/posters/pictures/TV or radio broadcasts
what is slander
defamatory material in transient form - usually spoken in words, gestures or sign language
what can libel where slander cannot
libel can be punished as a crime where slander is only tort
what must there be for there to be libel and or slander
there must be actual serious harm caused or likely to be caused by the publication
what was said in the case of spring v guardian
plaintiff will not be allowed to sue in negligence instead of defamation so as to deny a defendant his right to pleaad one of those defences
what are the three things the plaintiff must prove for defamation
the material he complains about was defamatory, was referred to him and was published to a third person
how do you prove that something was defamatory
cause serious harm or likely to cause serious harm
case example of successful defamation claim
cassidy v daily mirror newspapers ltd
can there be defamation if the words may be innocent at first sight?
yes, words could be innocent at first sight, but may bear some secondary meaning if they are considered in the light of additional facts known to person to whom the statement is made or published
what is it called when words could be innocent at first sight, but bear secondary meaning
true/legal innuendo
what is a case example of true/legal innuendo
Toley v fry
what does it mean to be a false innuendo
where the plaintiff seeks to argue that the words themselves given an impression of, or mean something different from their ordinary and natural meaning
how can defamation be referred to the plaintiff
directly or indirectly
what happened in the case of Morgans v Odhams Press Ltd
direct defamation as the class of readers were likely to read the defamation
what other cases are examples of reference to the plaintiff directly or indirectly
Hayward v thompson and hulton v jones
what is a case example for defamation of a class of persons
Knuppfer v London express newspapers ltd
what happened in the case of Knuppfer v london express
appeal was dismissed as defamation is only applicable to a plaintiff and not a group of people
when would a person be liable when he statement is published to a third person
a person will be liable if he intends or ought reasonably to have foreseen that the statement would come to a third party’s attention
what does the case of Huth v Huth say
letter was very lightly closed, it wasnt considered as half open and therefore defamation could not have occured as it would have been difficult to foresee that a third person would have been able to read the letter
is it defamatory to re-publicate something
under the case of slipper v bbc, yes it would still be defamation if something was re-publicised because it could be argued that it was reasonably foreseeable that the defamation would occur
