Lecture 14 - Defamation Flashcards
(27 cards)
What is defamation?
publication of a statement by the D which is defamatory of the C
What 3 things must the C prove (on balance of probabilities)?
the statement is:
1) defamatory
2) referring to the C
3) has been published
What are the 2 types of defamation?
libel and slander
What is required for reputation?
that right thinking (reasonable) people will think less of C
What is meant by innuendo?
when statements have a secondary meaning
What is a case example of innuendo?
Lewis v Daily Telegraph [1964]
What happened in Lewis v Daily Telegraph [1964]?
statement said that police were investigating the affairs of ‘X’, this did not create innuendo that X was guilty
What is a case example of reputation?
Byrne v Deane (1937)
What happened in Byrne v Dean (1937)?
note on noticeboard accused C (Byrne) of informing police about illegal gambling machines, Byrne sued claiming it ruined his reputation, court dismissed and held reporting a crime is not dishonourable so someone informing police of illegal activity is not defamatory
What statute states a requirement of serious harm to reputation?
section 1 of the Defamatory Act 2013
What does s1 of the Defamatory Act state?
there is a requirement of statement to cause serious harm to the reputation of C in order to be defamatory
What is slander?
when defamation is in temporary form e.g. words, gestures that are not recorded
What is an exception of slander not requiring proof of special damage?
imputation of criminal records
What is a case demonstrating imputation of criminal records?
Gray v Jones [1939]
What happened in Gray v Jones [1939]?
Jones allegedly said Gray had been to prison, G sued for slander even though he couldn’t show any material or financial loss due to the statement, court held in his favour
What is meant by libel?
defamation in a permanent form
What is meant by the statement must be published?
communication to a 3rd party so a person other than the C or the D’s spouse
What are 4 examples of defences?
1) truth
2) honest opinion
3) publication on a matter of public interest
4) offer of amends
What did Lord Porter say in Turner v MGM [1950]?
that the opinion must be one an honest person could hold
What case and person talks about honest opinion?
Lord Porter in Turner v MGM [1950]
What is needed for offer of amends?
in writing and must cover correction, apology and offer to pay agreed compensation
How can a defence be defeated?
if malice takes place e.g. person knowing a false statement is being published or they have desire to injure
What is an important Act regarding defamation?
Defamation Act 2013
What does section 1 of the DA 2013 state?
a statement is not defamatory unless it causes or is likely to cause serious harm
