Flashcards in Section 5 Deck (6)
“…the communication of a false statement or idea, which is defamatory of the pursuer.”
what is the meaning of innuendo?
the precise defamatory meaning that the pursuer attached to the words.
how would a pursuer prove that he was defamed by words?
-if the statement referred to the pursuer
-whether the statement was false
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  2 QB 375, 391
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