Defamation

Question 1

Defamatory statement definition

Answer 1

Exposes the person to ridicule or contempt from others, lowers them in the estimation of right-thinking members of society, or disparaging them in their business, trade, practice, profession.

Question 2

DIP Test.

Answer 2

In order to sue for libel, the claimant must first prove that the statement is defamatory (D), that there’s reason to believe they have been identified (I), and that it was published to a third party (P).

Question 3

How long after the statement was made can a person sue for?

Answer 3

The single publication rule requires an allegation to be made within 12 months of the defamatory statement being made.

Question 4

Inference

Answer 4

A second meaning can be found reading in between the lines using general knowledge and experience of worldly affairs.

Question 5

Innuendo

Answer 5

A seemingly innocuous statement that is defamatory to some people with special knowledge.

Question 6

Truth Defence

Answer 6

The statement has to be provably true in court on the balance of probabilities. Risky as it may be hard to find evidence, and then you have to pay damages and court costs, which may be more expensive than settling outside of court.

Question 7

Honest Opinion Defence

Answer 7

Requires the defamatory statement to be an honestly held opinion, recognisable as opinion and not a factual allegation, and based on a provably true fact.

Question 8

Absolute Privilege

Answer 8

Court proceedings and sessions of parliament are protected by absolute privilege so long as the report is fair, accurate, and contemporaneous.

Question 9

Qualified Privilege

Answer 9

Covers local meetings of council and government.
Requires the report to be fair, accurate, published without malice, and in the public’s interest. A response has to be given to the defamed if requested in order to explain or contradict.

Question 10

Accord and Satisfaction

Answer 10

Settling the case by correcting or apologising for the defamatory statement.

Question 11

Offer and Accords

Answer 11

Offering a correction or apology as well as paying damages if the defamation was incidental.

Question 12

Leave and License

Answer 12

Where the claimant had previously agreed to the defamatory statement being published. Must be provable.

Question 13

Online Comments and Broadcasts

Answer 13

Section 1 of the Defamation Act 1996 protects publications if defamatory statements are made by anyone other than the publisher, editor, or author provided they took all reasonable care and had no reason to know the statement would be made.