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Flashcards in Section 5 Deck (6)
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1

Define defamation?

“…the communication of a false statement or idea, which is defamatory of the pursuer.”

2

what is the meaning of innuendo?

the precise defamatory meaning that the pursuer attached to the words.

3

how would a pursuer prove that he was defamed by words?

-if the statement referred to the pursuer
-whether the statement was false

4

DEFAMATION DEFENCES, fair comment- public interest

this is when a statement is made in the interest of the public.
- “Whenever a matter is such as to affect people at large, so that they may be legitimately interested in, or concerned at, what is going on; or what may happen to them or to others; then it is a matter of public interest on which everybody is entitled to make fair comment.”
-Per Lord Denning, London Artists v Littler [1969] 2 QB 375, 391

5

DEFAMATION DEFENCES: fair comment; facts.

-The defence applies to comments, not facts so to apply, facts must be truly stated. But, see Defamation Act 1952 s.6
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6

DEFAMATION DEFENCES: fair comment; comments

- the comments must be reasonable
-Comment need not be reasonable. “The expression of an opinion as to a state of facts truly set forth is not actionable, even when that opinion is couched in vituperative or contumelious language.” Archer v Ritchie & Co (1891) 18 R 719 per Lord McLaren, 727
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