Tort Law - Defamation Flashcards Preview

Law Second Year > Tort Law - Defamation > Flashcards

Flashcards in Tort Law - Defamation Deck (351):
1

What do the Explanatory Notes on the defence of truth show in regard to the previous common law?

Two facets continue to be relevant - the repetition rule and interpretation of defamatory words

2

Dawkins v Lord Rokeby general

Speech in court

3

What do Mullis and Scott suggest about the multiple/single publication rule?

Multiple should have been retained, but introduced a new defence of 'non-culpable republication'

4

What judge in The Gleaner Xo v Abrahams thought comparison with personal injury should only be broad?

Lord Hoffman

5

What case confirmed Hulton v Jones on SL as being compatible with Article 10?

Baturina v Times Newspapers

6

Tilbrook v Parr judgment

Statement that political party was racist could not be understood as referring to the chairman personally as not named or identified

7

Who gave two categories of cases when a group could claim?

Viscount simon LC

8

What judge gave the 'right thinking' test?

Lord Atkin

9

Lewis v Daily Telegraph general

Investigation by fraud squad

10

In what case did the HoL allow corporations to sue under ordinary rules?

Jameel v Wall Street Journal

11

Thornton v Telegraph incorporated what?

Serious harm requirement for defamation

12

Al-Fagih v HH Saudi Research judgment

Public interest to know allegations made so reportage defence found despite being unable to prove the truth of the allegations

13

What may have the jury been swayed by in the case of Hulton v James?

The fact that the author had had previous run ins with the claimant

14

what judge in Kiam v MGN suggested comparison with personal injury claims would reduced damages considerably?

LJ Sedley

15

What case says that written statements show particular malice which removes the need for proof of special damage?

King v Lake

16

Astro Travel v Owners Abroad Group judgment

Defamatory statement about a small family company could be seen as referring to all directors

17

What acts in particular are excluded in mitigation of damages?

Acts of prior misconduct which ought to lower his reputation

18

Knupffer v London Express Newspapers general

Young Russia

19

Bookbinder v Tebbit judgment

Only the specific meaning of the defamatory words is relevant - narrow view of interpretation

20

What type of remedy is an injunction in defamation?

Equitable

21

When is the defence under section 15 DA96 available?

When the event is accurately reported

22

Slipper v BBC general

Reviews of TV programme, Ronnie Biggs

23

How does Howarth read the Ministry of Justice Reform Bill?

Sees it as calling for reform in favour of interests of D and against interests of C

24

Section 6 DA13

Protection of statements in a peer-reviewed scientific academic journal

25

What case created the defence of qualified privilege?

Toogood v Spyring

26

What is the postcard rule?

A postcard is assumed to be read by all through whose hands it passes

27

Broome v Cassell

Exemplary damages - awarded when D made a calculation that the libel was worth committing even if he was sued because of the profit

28

Cooke v MGN judgment

Apology issue is taken into account, with court carefully dividing between has caused and is likely to cause serious harm in their judgment

29

What is an interim injunction?

Awarded before trial

30

Milne v Express Newspapers

Insufficient for C to prove D's negligent ignorance of the facts after rejecting an offer of amends in order to prove culpability

31

What required strict liability to fall away in the case of O'Shea?

Interference with Article 10 without a social justification

32

What case shows government cannot claim in defamation?

Derbyshire CC v Times Newspapers

33

Hird v Wood on publication

Conduct may associate D with words he cannot be shown to have written (e.g. pointing at a placard)

34

McManus v Beckham general

Signatures

35

What section of what Act shows an MP can waive the protection of Article 9 BoR?

Section 13 DA96

36

What section of what Act stated that to sue anyone other than author etc. requires such litigation to not be 'reasonably practicable'?

Section 10 DA13

37

Publication has caused or is likely to cause serious harm to C's reputation (Act and Section)

Section 1 DA13

38

In what three ways do Mullis and Scott believe the DA13 has failed?

Has not reduced costly libel process, failed to provide clarity to publishers and has not solved the core problem of over-complication in disputes

39

When is the defence of qualified privilege remove?

If D acted with malice

40

What section of what Act outlines requirements for the reporting of court proceedings to attract absolute privilege?

Section 14 DA96

41

What case took a normative view of the test in Sim v Stretch?

Byrne v Dean

42

What two cases explore excess of privilege?

De Buse v McCarthy; Watt v Longsdon

43

what case rejected the idea that there can be two categories of reader when interpreting the meaning of a publication?

Charleston v News Group Newspapers

44

Why is qualified privilege a defence?

Sometimes there is a broader consideration of social benefit

45

Brown v DC Thompson general

Roman Catholic

46

What section of what Act gives the conditions for the defence of honest opinion?

Section 3(1) DA13

47

Spiller v Joseph

No need for all factual bases to rely on defence of honest opinion

48

Flood v Times Newspapers on name of publication on a matter of public interest

Better to refer to a 'public interest defence' as 'privilege' is misleading

49

What section of what act allows that if a publication is 'materially different' from previous publications, the single publication rule is disabled?

Section 8(5) DA13

50

What did Section 2 DA13 do?

Abolished common law defence of justification

51

What case shows D can rely on any evidence before court for mitigation, even that primarily directed towards a defence of truth/honest opinion?

Pamplin v Express Newspapers (No.2)

52

How does Howarth criticise the MoJ Reform Bill?

Places protection of reputation entirely as a matter of individual welfare, contrary to Reynolda

53

Section 2(2) DA13

Proving the truth of the serious imputation and not the lesser ones does not remove the defence

54

what case shows SL still applies even if statement is true of another?

Newstead v London Express

55

Where can the defence of 'unintentional defamation' suggested by the Porter Committee now be found?

S.2 DA96

56

What case made it clear a libellous statement is still libel if it is read aloud?

Forrester v Tyrrell

57

What case shows a political party cannot claim in defamation?

Goldsmith v Bhoyrul

58

What case allowed 'directly relevant background context' when assessing damages?

Burstein v Times Newspapers

59

What were the two categories of cases when a group can claim in defamation by Viscount Simon LC?

When language is understood as referring to every member, and when P's prominence/character establishes the words refer to him

60

Article 9 BoR 1688

'Freedome of Speech and Debate' in P

61

Witchcraft

Loukas v Young

62

What is the position on damages in slander?

Damage is not presumed, except in two particular cases

63

What does the website operator need to have done (or not done) to remove section 5 DA13 defence?

Failed to respond to notice of complaint and had knowledge of defamatory statement

64

What case makes it clear courts do not have regard to minority communities' views in defamation>

Sim v Smith

65

Cassidy v Daily Mirror Newspapers judgment

Courts can account for legal innuendo among specific groups

66

What section of what Act gave the single publication rule?

Section 8 DA13

67

What three kinds of damages can C claim, in theory, in defamation?

'Normal' damages, special damages and exemplary damages

68

What core problem do Mullis and Scott believe the DA13 has failed to solve?

Juridification and over-complication of disputes

69

Why was the defence of 'unintentional defamation' suggested by the Porter Committee?

Because they believe SL regardless of reasonable care was liable to produce injustice

70

Charleston v News Group Newspapers general

Pornographic neighbours actors

71

Palmer v Doyer

Consider words in precise context of publication

72

Section 8 DA13

Single publication rule

73

Bookbiner v Tebbit general

Stationary

74

Stern v Piper

D, reporting what A said, must show all what A said was true

75

What case shows D contacting C for her side of the story in order to claim under Reynolds defence?

Greene v Associated Newspapers

76

Loukas v Young judgment

No reasonable person would believe that X was a witch, so no claim

77

What does Howarth suggest about companies in defamation?

All non-natural persons should be unable to sue under defamation as they still have rights in other torts (e.g. malicious falsehood)

78

What case noted the difference between an ordinary reader and, say, a lawyer?

Morgan v Odhams Press

79

Karako v Hungary

ECJ emphasised must reach a sufficient level of seriousness to justify limiting Article 10

80

Greene v Associated Newspaper general

Contacted C to show story and to get a comment from her

81

What did the CoA suggest in John v MGN?

Both sides should mention appropriate damage awards to introduce a 'mood of realism on both sides', reflecting personal injury practice and breaking with tradition

82

Watt v Longsdon general

Privilege did not extend to C's wife, but did to the chairman

83

Newstead v London Express judgment

Strict liability still applies even if statement is true of another

84

Newstead v London Express general

Two potential matches to reported criminal case

85

How did Mullis and Scott describe DA13?

A 'phenomenally successful political campaign'

86

What case says we should focus on the permanence/transience of the statement when determining if it is defamatory?

Monson v Tussauds

87

How can we see the higher serious harm threshold in section 1 DA13?

Courts have less sympathy where C has a damaged reputation, or where little would be achieved by the claim

88

Why is the reference to freedom of speech surprising in Bonnard v Perryman

Very early reference to such an issue

89

What does the opportunity of an offer of amends create?

Formal mechanism for consensual resolution and judicial determination if no consensus, and a defence to an 'innocent' defamer whose offer is rejected, unless C can prove publication was culpable

90

Wilkinson v Sporting Life judgment

Reputation illegally attained is not proper to be protected, although if it lowers his estimation AS A PERSON, not just a 'thug', it does count

91

Forrester v Tyrrell

Libellous statement still libel is read aloud, but maybe not if merely repeated

92

Who highlighted that the single publication rule is wrong in concept?

Mullis and Scott

93

When exploring C's 'bad reputation' under Scott v Sampson, what is this restricted to?

Reputation needs to refer to same aspect of C's life as referred to in the defamatory statement

94

what case shows the courts allowing evidence purely on the basis that it helped establish the injury caused to C?

Turner v News Group

95

What judge in what case said an interim injunction should only be given 'in the clearest cases'?

Lord Esher MR in Coulson v James Coulson

96

De Buse v McCarthy judgment

Privilege in knowing names of employees suspected of theft did not extend to publication of their names and suspicions posted in public libraries

97

What case shows sexual attitudes change and alter the meaning of 'defamation'?

Chattell v Daily Mail

98

Theaker v Richardson general

Election address envelope

99

What is libel?

A defamatory statement in a permanent form (e.g. writing)

100

John v MGN judgment

Look at general damages awards in personal injury when deciding appropriate defamation damages

101

Theaker v Richardson judgment

Left to jury as to whether it could have 'quite easily and naturally happened' that husband opened letter thinking it was an election address envelope

102

What is a final injunction?

Awarded at the end of a trial

103

What case gives the definition of exemplary damages?

Broome v Cassell

104

What case showed that for defamation, words must be considered in the precise context of publication?

Palmer v Doyer

105

Pamplin v Express Newspapers (No.2) general

Young son, 'spiv'

106

What case showed courts can account for legal innuendo among specific groups?

Cassidy v Daily Mirror Newspapers

107

Although Chatteron v SoS for India appears broad, why is this not the case?

Courts have not interpreted it in that way

108

Why was the speech in Youssopoff considered to be libel?

As 'ancillary' to visual image

109

What section of what Act removed presumption of jury?

Section 11 Defamation Act 2013

110

Burstein v Times Newspapers judgment

Qualified Scott by allowing 'directly relevant background context', but still no 'roving inquiry' into C's life

111

What section of what Act removed the other categories of slander actionable per se?

Section 14 DA13

112

Turner v News Group general

Swinging

113

Bonnard v Perryman general

Interim injunctions are a direct interference with freedom of speech

114

What did the Explanatory Notes in DA13 do in regard to s.2?

Made it clear statute attempts to replicate the common law defence of justification

115

What did Denning say of Hulton v James?

'The most famous case in the law of libel' and the 'most controversial'

116

Who called the case of Hulton v James 'the most famous case in the law of libel' and the 'most controversial'?

Denning

117

What did Scott LJ in Lyon v Daily Telegraph say?

Honest opinion is 'one of the fundamental rights of free speech and writing'

118

What two cases show publication need only have been the likely and natural consequence of D's actions?

Theaker v Richardson and Huth v Huth

119

What section of what Act makes it clear ordinary rules apply to companies, but courts can only consider 'serious financial loss' for serious harm?

Section 1(2) DA13

120

Toogood v Spyring on qualified privilege requirements

D had a legal/moral duty to make the statement and X has a corresponding duty/interest in receiving the statement

121

Section 13 DA96

MP can waive protection of Article 9 BoR

122

Although Article 9 BoR 1688 protected speech in P, what can still happen?

Repercussions through parliamentary disciplinary process

123

Thorley v Lord Kerry judgment

Damage is presumed in favour of C when the statement is a libel

124

What is a quia timet injunction?

For material not yet published

125

What does publication NOT need to be?

Intentional - only likely and natural consequence of D's actions

126

What section of what Act gives that a court has no jurisdiction to hear action against a secondary publisher unless action against primary is not reasonably practicable?

Section 10 DA13

127

John v MGN general

Chewing diet

128

How many causes of action are there in the grapevine effect of defamation?

Only one

129

Mawe v Pigott

'Only regard the estimation in which a man is held by society generally'

130

what case shows conduct may associate D with words he cannot be shown to have written?

Hird v Wood

131

The Broadcasting Act 1990

'The publication of words in the course of any programme included in a programme service' are libel

132

What are the two changes in DA13 to ameliorate the burdensome process and associated costs?

serious harm threshold in section 1 and ending of presumption of trial by jury in section 11

133

Who agreed with Howarth in regard to companies/corporations in defamation?

Patfield

134

O'Shea v MGN judgment

Claim not allowed as (1) possible to check professional directories but not coincidental lookalike and (2) freedom of expression restrictions need to be necessary in a democratic society

135

How does Howarth describe defamation?

It 'protects a fundamental human interest in society'

136

What case made it clear you should not jump to conclusions when interpreting an allegedly defamatory statement?

Lewis v Daily Telegraph

137

What does Howarth believe about Sim v Smith?

Direct link found between reputation loss and suicide suggests judges should just recognise 'real harm' when it arises, not always relying on Sim v Smith regarding minority communities

138

What case gave the definition of malice for qualified privilege?

Horrocks v Lowe

139

What do the Explanatory Notes say about s.4 DA13?

Court should have regard to Nicholls' 10 factors in Reynolds

140

How can the defence of honest opinion be defeated?

By showing D did not actually hold the opinion

141

Knupffer v London Express Newspapers judgment

Size of group is important, but size is not determinative

142

Section 10 DA13

No jurisdiction for courts to hear action against a secondary publisher unless primary not reasonably practicable

143

How does Patfield believe Derbyshire should be extended?

To some or all companies

144

When is the defence of truth removed?

If the statement is false, even if D took all reasonable steps; D's motive is irrelevant

145

What section of what Act took away the distributor defence from authors/editors/publishers?

Section 1 DA96

146

What are the three requirements of defamation?

Statement must be defamatory, refer to C and be published

147

British Chiropractic Association v Singh judgment

Words asserted only a lack of worthwhile evidence, so it was an opinion, not a fact

148

O'Shea v MGN general

Picture looked like her

149

What case showed defamation must reach a sufficient level of seriousness to justify limiting Article 10?

Karako v Hungary

150

Section 1 DA13

Publication has caused or is likely to cause serious harm to C's reputation

151

Knupffer v London Express on general requirements for defamation

Words should be published 'of the plaintiff'

152

In what case did the court show size is important for group defamation cases, but not determinative?

Knupffer v London Express

153

What case gave that qualified privilege arises from a 'moral or social duty' recognised by this of 'ordinary intelligence and moral principle'?

Stuart v Bell

154

Patfield on companies being able to claim in defamation?

He argued companies are too powerful to sue as ordinary individuals

155

McManus v Beckham judgment

Criticised Slipper v BBC for its lack of clarity on reasonable foreseeability

156

Berkoff v Burchill general

Ugly

157

Greene v Associated Newspaper judgment

Confirmed Bonard - emphasis on freedom of speech despite balancing approach under Convention

158

when did Bonnard v Perryman allow an interim injunction could be granted?

When words are clearly defamatory of C and there is no arguable defence

159

What three purposes of libel law does Post give?

Honour, property and human dignity

160

Why did the court decide no claim in Charleston?

The article explained the photos

161

Derbyshire County Council v Times Newspapers judgment

Unacceptable fetter on freedom of speech to allow government to claim in defamation

162

Cooke v MGN general

Apology

163

What judge in what case thought comparison with personal injury in defamation would reduce damages award considerably?

Kiam v MGN

164

Scott v Sampson general

Bad reputation, general evidence only

165

Dawkins v Lord Rokeby judgment

No liability for judges/legal reps/witnesses to a litigation in court

166

Chattell v Daily Mail general

Child out of wedlock

167

Scott v Sampson judgment

D can prove C already had a bad reputation to reduce damages, but particular conduct rather than general evidence is USUALLY inadmissible

168

What did s.4 DA13 seek to avoid?

Any 'chilling effect on freedom of expression'

169

Coulson v James Coulson per Lord Esher MR

Only 'in the clearest cases, where any jury would say that the matter complained of was libellous' should an interim injunction be given

170

Name at least three things Nicholls referred to in Reynolds as being a factor the court will take into account for public interest defence

Seriousness of allegation, its urgency, if C's side was reported and the tone of the article

171

What does section 6 DA13 show the legislature doing?

Engaging in specific reform to deal with specific concerns over stunting development of law

172

Who suggested the introduction of 'non-culpable republication' alongside multiple publication rule, as opposed to the single publication rule?

Mullis and Scott

173

What is insufficient for C to prove after rejecting an offer of amends?

D's negligent ignorance of the facts

174

What test did they apply in Slipper v BBC?

Reasonable foreseeability that defamatory sting would be repeated

175

Horrocks v Lowe judgment

'Malice' solely means D's predominant motive was not to protect his interests or perform his duty - genuine belief in truth of statement generally shows a lack of malice

176

What section of what Act shows courts can change damages award if jury gave 'excessive or inadequate' compensation?

Section 8 Courts and Legal Services Act 1990

177

What does section 1 DA13 place on C?

More onerous burden in preliminary stage to show serious harm

178

What case shows damages in defamation should reflect C's conduct?

Watts v Fraser

179

Cheng v Tse general

Hong Kong

180

Slipper v BBC judgment

Repeated defamatory sting in reviews - test of reasonable foreseeability so could consider for damage

181

Lewis v Daily Telegraph judgment

Give words a meaning the reasonable reader would give them, NOT jumping to conclusions

182

What case shows knowledge of the statement being defamatory is irrelevant, although suggestion that it was intended in this case?

Hulton v Jones

183

What does Howarth believe the MoJ Reform Bill runs contrary to?

Dicta in Reynolds, which stated 'protection of reputation is conducive to the public good'

184

What section of what Act gives the defence of truth?

Section 2 DA13

185

Hulton v James on who can sue for defamation

D need not have intended to refer to C

186

Section 3(5) DA13

Can defeat defence of honest opinion if D did not actually hold the opinion

187

what case confirmed Bonnard?

Greene v Associated Newspapers

188

What case decided communication to D's spouse is not publication?

Wennhak v Morgan

189

king v Lake

Written statements show particular malice removing the need for proof of special damage

190

What two reasons in particular does Patfield give for denying defamation claims to companies?

Gaibraithian approach (big businesses work together to maintain favourable conditions) and such entities DIRECTLY affect the lives of individuals

191

Section 3(6) DA13

If D quotes an opinion expressed by another, he need only know or ought to have known the author did not hold the opinion - whether D held it is irrelevant

192

Why do Mullis and Scott argue section 4 DA13 must involve the same analysis as under Reynolds privilege?

Because only this interpretation enables courts to balance Article 8 and 10

193

Why was section 8 DA13 largely introduced?

Concerns over internet publications and archives

194

Who called honest opinion 'one of the fundamental rights of free speech and writing'?

Scott LJ in Lyon v Daily Telegraph

195

Monson v Tussauds on libel

A statute, caricature, effigy etc all constitute a libel

196

What case is the test of 'right thinking' people from?

Sim v Stretch

197

De Buse v McCarthy general

Theft, employees, libraries

198

What case shows the right thinking test may exclude cases where an individual is disparaged within a certain group?

Tolley v Frey

199

What Report altered exemplary damages?

Leveson Report

200

What case is an example of publication by omission?

Byrne v Dean

201

Watts v Fraser on damages in defamation

Damages should reflect C's conduct, i.e. guilty of provocation

202

What case recognised a duty between a newspaper and the public could exist for a public interest defence?

Reynolds v Times Newspapers

203

What judge in Dawkins v Lord Rokeby explained why a defence of honest opinion is insufficient for speech in court?

LJ Blackburn

204

Section 8(5) DA13

If publication is 'materially different', single publication rule is disabled and a new claim arises

205

Huth v Huth general

Butler, husband letter to wife

206

What still needs to be satisfied even if damage is presumed because the statement is libel?

S.1 DA - but only need to show likelihood

207

Section 2 DA96

Offer of amends, if acceptable and made in good time by an innocent defamer, will be considered in damages if rejected by C

208

Wennhak v Morgan

Communication to D's spouse is not publication

209

Cassidy v Daily Mirror Newspapers general

Fiancee, legal innuendo

210

What case rejected the remark of Nicholls in Cheng v Tse?

Spiller v Joseph

211

Words are 'calculated to injure' by exposing C to 'hatred, contempt or ridicule'

Parmiter v Coupland

212

Section 1 DA96

Can't be author/editor/publisher to call on the distributor defence - need to show reasonable care and did not know/no reason to believe publication caused defamation

213

Toogood v Spyring created what defence?

Qualified privilege

214

What case attempts to explain Thorley v Lord Kerry?

King v Lake

215

Loukas v Young general

Witchcraft

216

What did Horrocks v Lowe say about genuine belief in the truth of a statement?

Generally shows lack of malice

217

What are the 3 tests for defamation?

(1) Do words tend to expose C to hatred, ridicule or contempt (2) would words tend to make people shun/avoid C and (3) do words tend to lower C in the estimation of 'right thinking' people

218

Youssopoff v MGN on libel

Film pictures were libel and speech as well but only as it was 'ancillary' to visual image

219

Section 15 DA96

Protects publications reporting events like shareholder meetings at which criticism may be expressed

220

Why is the fact that acts of prior misconduct with ought to lower his reputation are excluded in mitigation important?

In defence of truth, admissibility at that stage allows mitigation, but exclusion there removes it from consideration in mitigation

221

Section 11 Defamation Act 2013

Removed presumption in favour of trial by jury

222

Section 4 DA13 general

Abolished and reproduced a wider version of Reynolds

223

Watt v Longsdon general

Immorality of C told to wife and chairman

224

What are two examples of statutory reclassification of speech as libel, instead of slander?

Section 4 of the Theatres Act 1968 and the Broadcasting Act 1990

225

Al-Fagih v HH Saudi Research general

Reportage, political faction claims

226

Why can't the government or political parties claim in defamation?

Unacceptable fetter on freedom of speech

227

What is honest opinion?

When a statement is not capable of substantial proof because it is a critical assessment of an individual's character

228

What direct link does Howarth point to to rebut FSINFS argument?

Between reputation loss and suicide

229

Section 12(3) ECHR

Interim injunctions should only be awarded if the court believes C 'is likely to establish that publication should not be allowed'

230

What three arguments/theories does Howarth reject for defamation?

FSINFS argument, Post's three purposes of libel law and the looking-glass theory of defamation?

231

Section 5 DA13

Defence for website operators in respect of statements by 3rd parties

232

What Committee believed strict liability regardless of reasonable care was liable to produce injustice?

Porter Committee

233

What Committee said the slander/libel distinction was down to historical accident?

Faulks Committee

234

Baturina v Times Newspapers judgment

Not a problem for defamation to create particular defences in English law to conform with Convention rights (as in O'Shea) - does not make SL vulnerable to attack

235

How were exemplary damages altered after the Leveson report?

Now a mechanism to punish D for 'deliberate or reckless disregard of an outrageous nature of C's rights'

236

Who argued companies are too powerful to sue as ordinary individuals in defamation?

Patfield

237

What case did they adopt in Goldsmith v Bhoyrul?

Derbyshire

238

What did the suggestion of John v MGN reflect?

Personal injury practice

239

What case described 'right thinking' as needing us to regard 'the estimation in which a man is held by society generally'

Mawe v Pigott

240

Does the same fact relied on under number 2 of honest opinion (indicating generally or specifically the basis of the opinion) need to be used for number 3 (honest person could have held belief on facts available)?

No - and D need not have known the fact existed for 2

241

What is the looking-glass theory of defamation?

Undermining self-respect deprives a human of a very important aspect of life - personal view is deeply influenced by what others think

242

Turner v News Group judgment

Allowed evidence on previous visits to fetish nights and evidence C had published failure of marriage before to establish injury caused to C

243

How can we criticise English law after Greene v Associated Newspapers?

Too much emphasis on freedom of speech?

244

Berkoff v Burchill judgment

3 tests for defamation

245

What are the six defences for defamation?

Distributors, truth , honest opinion, qualified privilege, publication on a matter of public interest and absolute privilege

246

Youssopoff v MGN judgment

Shun/avoid needs to be more than just pity

247

What section of what Act shows interim injunctions should only be awarded if court believes C is 'likely to establish that publication should not be allowed'?

Section 12(3) ECHR

248

Section 8 Courts and Legal Services Act 1990

Courts can change damages if jury gave 'excessive or inadequate' compensation

249

What are the three conditions for the defence of honest opinion

statement of opinion, indicating in genera or specific terms the basis of the opinion and honest person could have held it on facts available, or asserted in a privileged statement

250

What case said a defamatory statement need not be in words but must strike at C's reputation, not just bruise the ego?

Monson v Tussauds

251

What are the two issues with Section 10 and 5 DA13?

Posts remain visible pending determination and inevitable litigation over meaning of 'website operators'

252

What are exemplary damages?

Awarded when D made a calculation that the libel was worth committing even if he was sued because of the profit

253

What is the multiple publication rule?

Every repetition is a new publication

254

Stuart v Bell

'Moral or social duty' recognised by those of 'ordinary intelligence and moral principle'

255

What case shows official communications between officers of state attracts absolute privilege?

Chatterton v SoS for India

256

What case shows a newspaper can be liable even if they were unaware of the legal innuendo they were making?

Cassidy v Daily Mirror: Fiancee

257

What did Patfield say about companies in defamation?

There is not only no public interest in allowing them to claim, but it is actually contrary to public interest

258

What is the issue with the serious harm requirement?

Blurs distinction between a statement being defamatory and the damage flowing from it

259

Lord Denning on qualified privilege

'So long as they are honest, they go clear'

260

What case shows words should be published 'of the plaintiff'?

Knupffer v London Express

261

Morgan v Odhams Press judgment

Ordinary reader does not read with same care as a lawyer, so immaterial if close read made it clear article did not refer to C

262

What did the Porter Committee suggest in strict liability for defamation?

New defence of 'unintentional defamation', now found in s.2 DA96

263

Burstein v Times Newspapers generals

The Hecklers

264

What judge in what case declared that 'protection of reputation is conducive to the public good'?

Lord Nicholls in Reynolds

265

What does Howarth argue in regard to 'ties'?

We should have regard to breaking of both strong and weak ties - weak through social network theory as provide social support still and are thus still important

266

What is the idea of an offer of amends?

Reduces C's anxiety and, if made publicly, people will realise the falsity of the statement and reduce the damage to C's reputation

267

chattell v Daily Mail shows what?

How sexual attitudes change and alter defamation meaning - child out of wedlock defamatory, but unlikely now

268

Section 14 DA13

Removed other categories of slander actionable per se

269

What case shows strict liability falling away as a result of interference with Article 10?

O'Shea v MGN

270

What do L&O believe the requirement of serious harm has the effect of?

Striking an appropriate balance between Article 8 and 10

271

Section 3(1) DA13

Conditions for the defence of honest opinion - statement of opinion, indicating in genera or specific terms the basis of the opinion and honest person could have held it on facts available, or asserted in a privileged statement

272

Why was there no defamation in Huth v Huth?

Reading the letter was not part of Butler's duty, so not the likely and natural consequence of husband sending the letter

273

Tolley v Frey judgment

disparaging in a particular group but not among 'right thinking' people generally, so didn't count

274

Section 4 Theatres Act 1968

'The publication of words in the course of a performance of a play' are libel with a section 7 exemption for rehearsals

275

Section 1(2) DA13

Ordinary rules apply to companies, but courts can only consider 'serious financial loss' when asking about 'serious harm'

276

Why did the case of British Chiropractic Association v Singh fall under defence of honest opinion?

Words asserted only a lack of worthwhile evidence, so opinion, not fact

277

Charleston v News Group Newspapers judgment

Every publication has only one meaning as a matter of law, so there are no two 'categories' of reader

278

Kiam v MGN

LJ Sedley suggested comparison with personal injury ought to reduce damages award considerably

279

What did the Explanatory Notes make clear about a statement falling under the defence of honest opinion?

Needs to be recognisable as only a comment

280

Pamplin v Express Newspapers (No.2) judgment

D can rely on any evidence before the court for mitigation, including that primarily directed towards defence of truth and honest opinion

281

Scott v Sampson on Bookbinder

Bookbinder affects the assessment of damages

282

Cairns v Modi judgment

CoA considered potential for statements to go 'viral'; legitimate to take into account

283

Reynolds v Times Newspapers recognised what duty?

Duty between newspaper and public COULD exist, subject to responsible publication

284

Horrocks v Lowe general

Gave definition of malice

285

What is slander

A defamatory statement in a temporary form (e.g. speech)

286

What was the judgment in Eastwood v Holmes?

'All lawyers are thieves' was not actionable

287

Youssopoff v MGN general

Rasputin film

288

Who said 'so long as they are honest, they go clear' in qualified privilege?

Lord Denning

289

'Public interest defence', not 'qualified privilege'?

Flood v Times Newspapers

290

What case showed the CoA endorsing 3 tests for defamation?

Berkoff v Burchill

291

How does Patfield try to show protection of FoS on matters of public interest is an integral part of British law?

Refers to defence of qualified privilege, Derbyshire and ECHR obligations on signatories

292

Byrne v Dean on publication

Publication by omission - D need not do anything active

293

British Chiropractic Association v Singh general

Sceptical article

294

Lady Hale in Jameel v Wall Street Journal

Incorporation of Convention should protect individuals when they discuss the conduct of companies

295

Eggar v Viscount Chelmsford

Malice of one codefendant does not deprive others of qualified privilege if they did not act maliciously

296

What may C have to pay if they are awarded an interim injunction and then are found not to have been entitled to restrain D?

Damages for any loss caused to D by the injunction

297

Why does Howarth believe the breaking of weak ties can still be v important in reputation?

Provides social support through social network theory

298

What are two ways Howarth criticises current defamation reform?

Places low value on human sociality and underplays the seriousness of harm by needing proof of falsity of allegations of that D knowingly lied

299

What, on its own, does not remove the defence for website operators under section 5 DA13?

Knowledge of the defamatory statement

300

What still needs to be satisfied even if damage is presumed for slander?

Section 1 DA13

301

What case shows that, after rejection of offer of amends under s.2 DA96, showing D's negligent ignorance of the facts is insufficient for defamation?

Milne v Express nEWSPAPERS

302

What did the FSINFS try to argue?

Protection of reputation should not be expected as it has no vale independent of time and place

303

Baturina v Times Newspapers general

Russian legal declaration, expensive house

304

The Gleaner Co v Abrahams

Comparison with personal injury should only be broad

305

What does Patfield argue about honest opinion in the uK?

Weaker protection than in the US

306

Eastwood v Holmes general

'all lawyers are thieves'

307

What Committee supported the slander/libel distinction?

Porter Committee

308

What case showed a reputation illegally attained (e.g. thug) is not proper to be protected?

Wilkinson v Sporting Life

309

What did LJ Blackburn highlight in Dawkins v Lord Rokeby?

Needs to be no worry of liability, emphasising how a defence of honesty would be insufficient as X may worry about being portrayed to be malicious

310

What is the repetition rule, and what case does it come from?

D must show all what A said to be true when repeating A - Stern v Piper

311

When is a section 6 DA13 defence defeated?

If the review was made with malice

312

Brown v DC Thompson judgment

'Roman Catholic authorities', but there were only 8 so understood as referring to all

313

What case qualified Scott on mitigation in damages?

Burstein v Times Newspapers

314

Why does Howarth reject FSINFS argument?

although contents of reputation changes, there is always a reputation to lose

315

Cassidy v Daily Mirror on who can sue for defamation

Words about A may be indirectly defamatory about B

316

Goldsmith v Bhoyrul

First instance decision endorsed same reasoning as Derbyshire for a referendum party to bring a claim

317

Give five examples of absolute privilege

Speech in court, parliament, reports of court proceedings, innocent dissemination and official communications between officers of state

318

McManus v Beckham criticised Slipper v BBC how?

Lack of clarity

319

What is the problem with the three tests given in Berkoff v Burchill?

surprisingly broad and does not require an imputation of having done anything immoral/criminal

320

If the speech had not been 'ancillary' to the visual image in Youssopoff, what would it have been categorised as?

Slander

321

What case shows reportage can be a defence under public interest defence, despite being unable to prove the truth of the allegations?

Al-Fagih v HH Saudi Research

322

Monson v Tussauds judgment

Statement need not be in words but must strike at C's reputation, not just bruise their ego

323

In what two cases is damage for slander presumed?

Imputation of an indictable criminal offence, and imputation of professional incompetence

324

In what case did the court decline to restrict strict liability to where D did not or could not have been expected to appreciate innuendo?

Baturina v Times Newspapers

325

What judge in particular in Thornton v Telegraph incorporated the serious harm requirement?

Tugendhat J

326

Huth v Huth judgment

Not part of duty so no defamation

327

Why is a final injunction usually not needed?

Damages should have made it unlikely D will do it again

328

Section 4 DA13 requirements

Statement formed or was part of a matter of public interest, D reasonably believed publishing was in public interest, with regard to Lord Nicholls 10 factors in Reynolds

329

What section of what Act gives a defence for website operators in respect of 3rd party statements?

Section 5 DA13

330

what case suggested a libellous statement read aloud may not be libel if merely repeated?

Forrester v Tyrrell

331

What are special damages?

When C shows he suffered a particular loss, and can thus recover for it

332

What is the 'grapevine effect'?

When a 3rd party foreseeably but without authorisation repeats allegations

333

Who rejected the argument of the FSINFS that reputation has no value independent of time and place?

Howarth

334

What does the judgment of John v MGN ensure?

English law does not value personal injury higher than reputation or vice versa

335

Why did LJ Blackburn find a defence of honest opinion to be insufficient for speech in court?

X may still worry about being portrayed to be malicious

336

Byrne v Dean general

Golf club gambling

337

Why is the single publication rule wrong in concept according to Mullis and Scott?

Reputational harm is caused by reading, not the act of publication

338

Jameel v Wall Street Journal judgment

HoL by a bare majority allow corporations to sue in defamation using ordinary rules

339

What did the Porter Committee favour?

Slander/libel distinction as slander is rarely taken seriously so could lead to frivolous actions?

340

Parmiter v Coupland on traditional defamation test

Words are 'calculated to injure' by exposing C to 'hatred, contempt or ridicule'

341

Chatterton v SoS for India in Council judgment

High-ranking officials have absolute privilege over communication between themselves

342

What case highlighted that interim injunctions are a direct interference with freedom of speech?

Bonnard v Perryman

343

Section 14 DA96

Report of court proceedings needs to be fair, accurate and published contemporaneously with the proceedings

344

What case shows the malice of one codefendant does not deprive the others of the defence of qualified privilege?

Eggar v Viscount Chelmsford

345

Section 10 DA13

To sue anyone other than author etc. requires court to be satisfied such litigation was 'not reasonably practicable'

346

Cheng v Tse judgment

Lord Nicholls suggested that there needed to be a more detailed basis of the opinion set out in order to call on the defence of honest opinion

347

What case gave the hatred, ridicule or contempt defamation test?

Parmiter v Coupland

348

Why could the statement not be seen as referring personally to the chairman in Tilbrook?

He was neither named or identified

349

What did the Faulks Committee say about the slander/libel distinction?

Down to historical accident

350

What do Mullis and Scott believe will be the impact of section 11 DA13?

Applications for early determination of actual meaning of words likely to become commonplace, allowing counsel to dispense with alternative arguments and reduce costs

351

What case considered the potential for statements to go 'viral' in publication rule?

Cairns v Modi

Decks in Law Second Year Class (74):