Defamation Defences P1

Question 1

What are the two types of defamation?

Answer 1

Slander (spoken) and Libel (written or broadcast). Only Libel is covered in exams.

Question 2

What are the three elements a libel claimant must prove?

Answer 2

1. Statement is defamatory, 2. They are identified, 3. It was published to a third party.

Question 3

What defines a defamatory statement?

Answer 3

One that causes serious harm to reputation by exposing to hatred, ridicule or lowering them in the estimanation fo righting thinking memebers of society.

Question 4

What is the serious harm test?

Answer 4

Under the Defamation Act 2013, a statement is not defamatory unless it causes or is likely to cause serious harm to reputation.

Question 5

Who decides the meaning of a statement in libel cases?

Answer 5

A judge decides meaning early in litigation; this can be appealed if legally flawed.

Question 6

Can a person sue if they’re not named but implied?

Answer 6

Yes, if people acquainted with them can identify them from the statement.

Question 7

What is ‘jigsaw identification’?

Answer 7

Using multiple pieces of information from different sources to identify someone.

Question 8

What is the ‘repetition rule’ in defamation?

Answer 8

Repeating a defamatory statement is itself a fresh libel; citing the source is no defence.

Question 9

What is the single publication rule?

Answer 9

Time limit starts from the first publication date, even if the same material is republished later.

Question 10

Why might a media outlet settle a defamation claim?

Answer 10

To avoid unpredictable judicial interpretation, high damages, and legal costs.