Defamation Flashcards
What is the meaning of defamation?
Statement which makes people:
1) Think less of the person
2) Think the person lacked the ability to do their job
3) Shun or avoid person
4) Treat them as a figure of fun or object of ridicule
What must a claimant prove?
1) Statement was defamatory
2) Statement caused, or likely to cause, serious harm
3) Clearly the claimant reference to
4) Statement was published
What is libel?
A published defamatory statement in permanent form - print, online…
What is slander?
Defamatory statements in transient form - unrecorded speech…
How does a judge decide if it’s defamatory?
How a right-minded person would react to them
Can someone sue if a joke is made with a context that shows it’s not true?
No
What act is used for defamation?
The Defamation Act 2013
Does the claimant have to prove it’s untrue?
No
Can you report a rumour without evidence, if you say it’s a rumour?
No- you need proof
Is it defamatory if it’s just a quote?
Yes
Why should you apply habitual conduct?
Even if you prove someones bad behaviour, you shouldn’t imply that it’s their personality if it was just a one-off incident.
What are the 8 defamation defences?
consent, truth, honest opinion, absolute privilege, qualified privilege, order of amendment, live defence, public interest
