Defamation

Question 1

Definition of defamation

Answer 1

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.

Question 2

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

Answer 2

Monson v Madam Tussauds

Question 3

Material on internet is libel

Answer 3

Godfrey v Demon Internet

Question 4

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

Answer 4

Applause Stores v Raphael

Question 5

allegations that claimant committed an offence which carries prison sentence

Answer 5

Gray v Jones

Question 6

Imputations that claimant is suffering from socially undesirable or contagious disease

Answer 6

Bloodworth v Gray

Question 7

Allegations that a woman has been unchaste

Answer 7

Kerr v Kennedy

Question 8

Allegations that claimant is unfit to carry on his trade

Answer 8

s2 Defamation Act; McManus v Beckham

Question 9

Corporation may sue for defamation (legal person)

Answer 9

McDonald’s v Steel

Question 10

Governmental bodies cannot sue for defamation

Answer 10

Derbyshire CC v Times

Question 11

Political parties cannot sue for defamation

Answer 11

Goldsmith v Bhoyrul

Question 12

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

Answer 12

Lingens v Austria (Reynolds defence will usually apply)

Question 13

Ordinary and natural meaning of words

Answer 13

Harvey v French

Question 14

True innuendo - extrinsic knowledge required

Answer 14

Tolley v JS Fry

Question 15

False Innuendo - no extrinsic knowledge required

Answer 15

Allsop v Church of England; Plumb v Jeyes

Question 16

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

Answer 16

Charleston

Question 17

Objective test - in the eyes of law-abiding citizens

Answer 17

Byrne v Dean

Question 18

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

Answer 18

Williams v MGN

Question 19

Does statement cause claimant to be shunned?

Answer 19

Youssoupoff v MGN

Question 20

Does statement expose the claimant to hatred ridicule or contempt

Answer 20

Tournier v National Provincial

Question 21

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

Answer 21

Sim v Stretch

Question 22

Allegation of homosexuality = defamatory

Answer 22

Liberace v Daily Mirror

Question 23

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

Answer 23

Hulton v Jones (same name)

Question 24

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

Answer 24

Newstead v London Express

Question 25

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

Answer 25

Cassidy v Daily Mirror

Question 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

Answer 26

Knuppfer v London Express

Question 27

Claimant made content of defamatory letter known to others

Answer 27

Volenti; Hinderer v Cole

Question 28

Speaking in loud voice

Answer 28

White v JF Stone

Question 29

Sending a letter likely to be opened by a third party

Answer 29

Theaker v Richardson

Question 30

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

Answer 30

McManus v Beckham

Question 31

Letters where it is not foreseeable that it would be opened by another party are not publication

Answer 31

Huth v Huth

Question 32

Internet Service Providers are not automatically publishers, but failure to take down content once requested will be a publication

Answer 32

Godfrey v Demon Internet

Question 33

No exception to multiple publication rule

Answer 33

Loutchansky v Times

Question 34

Search engines are not publishers

Answer 34

Metropolitan International Schools Ltd

Question 35

Justification allowed despite minor error

Answer 35

Alexander v North Eastern Railway

Question 36

Justification successful

Answer 36

Irving v Penguin Books

Question 37

Malice is that the defendant had no honest belief in the truth of what he was saying or acted out of an improper motive

Answer 37

Horrocks v Lowe

Question 38

There must be something from which jury can infer malice (e.g. dishonest motive)

Answer 38

Dr Adu v The Charity Commission

Question 39

Letter written motivated by anger not genuine desire to bring wrongdoer to attention of others = malice

Answer 39

Angel v HH Bushell

Question 40

Common law qualified privilege protects statements made to protect public or private interests

Answer 40

Adam v Ward

Question 41

Statements made in pursuance of a legal, social or moral duty protected by common law qualified privilege

Answer 41

Watt v Longsdon

Question 42

For common law qualified privilege, the duty must be reciprocal

Answer 42

Downtex v Flatley

Question 43

Jameel

Answer 43

Applying Reynolds - is matter in public interest? Malice will not defeat Reynolds defence; Reynolds criteria are a balancing exercise, not a hurdle test

Question 44

Grobbelaar v News Group

Answer 44

tone was sustained and mocking campaign of vilification; language of guilt not suspicion

Question 45

Galloway v Telegraph

Answer 45

No opportunity to respond to allegation, unbalanced tone of article

Question 46

Honest comment - is opinion honestly held, no matter how obstinate or prejudiced?

Answer 46

Convery v Irish News

Question 47

Honest comment - words must be comment not assertion of fact

Answer 47

Associated Newspapers v Burnstein

Question 48

Malice will prevent honest comment defence

Answer 48

Thomas v Bradbury

Question 49

Defendant must give general indication within the defamatory statement of the facts upon which the opinion is based

Answer 49

Spiller v Joseph

Question 50

Innocent dissemination: didn't know publication was defamatory, nothing in work to suggest it was; no negligence

Answer 50

Vizetelly v Mudie's Select Library

Question 51

Offer of amends - court may decide damages if offer accepted in principle but no agreement over cost

Answer 51

John Cleese v Clark

Question 52

Milne v Express Newspapers

Answer 52

Defendant may lose defence of offer of amends if he shut his eyes to the defamatory material

Question 53

Honest comment - must be in public interest (decided by judge)

Answer 53

London Artists v Littler