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Flashcards in Defamation Deck (53)
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1

Definition of defamation

Sim v Stretch - a statement which tends to lower the claimant in the estimation of right-thinking member of society generally and in particular to cause him to be regarded with feelings of hatred, contempt, ridicule, fear and disesteem.

2

Pictures, statues, chalk marks, caricatures can be defamatory (libel)

Monson v Madam Tussauds

3

Material on internet is libel

Godfrey v Demon Internet

4

Material on social networking sites is libel, even if limited access

Applause Stores v Raphael

5

allegations that claimant committed an offence which carries prison sentence

Gray v Jones

6

Imputations that claimant is suffering from socially undesirable or contagious disease

Bloodworth v Gray

7

Allegations that a woman has been unchaste

Kerr v Kennedy

8

Allegations that claimant is unfit to carry on his trade

s2 Defamation Act; McManus v Beckham

9

Corporation may sue for defamation (legal person)

McDonald's v Steel

10

Governmental bodies cannot sue for defamation

Derbyshire CC v Times

11

Political parties cannot sue for defamation

Goldsmith v Bhoyrul

12

Only in extreme cases will defamatory remarks about a politician's political activities be defamation

Lingens v Austria (Reynolds defence will usually apply)

13

Ordinary and natural meaning of words

Harvey v French

14

True innuendo - extrinsic knowledge required

Tolley v JS Fry

15

False Innuendo - no extrinsic knowledge required

Allsop v Church of England; Plumb v Jeyes

16

Defamatory statement must be read in context - does other part of publication throw different light on it?

Charleston

17

Objective test - in the eyes of law-abiding citizens

Byrne v Dean

18

Libel claim struck out as man with serious criminal record had no reputation left

Williams v MGN

19

Does statement cause claimant to be shunned?

Youssoupoff v MGN

20

Does statement expose the claimant to hatred ridicule or contempt

Tournier v National Provincial

21

Does statement lower claimant in eyes of right-thinking members of society

Sim v Stretch

22

Allegation of homosexuality = defamatory

Liberace v Daily Mirror

23

Claimant does not have to be specifically named, sufficient that statement may be recognised as referring to him

Hulton v Jones (same name)

24

A true statement about one person may be defamatory of another of the same name

Newstead v London Express

25

Claimant can be identified by innuendo so long as readers would take it to refer to him

Cassidy v Daily Mirror

26

Individuals of a group may bring an action if they are identifiable as individuals or where group is so small words apply personally to all the members

Knuppfer v London Express

27

Claimant made content of defamatory letter known to others

Volenti; Hinderer v Cole

28

Speaking in loud voice

White v JF Stone

29

Sending a letter likely to be opened by a third party

Theaker v Richardson

30

Original statement likely to be repeated, person making original statement may be liable for further foreseeable repetitions

McManus v Beckham