Chapter 20

Question 1

What is Slander?

Answer 1

Slander is a defamatory statement that is simply spoken without any way of being permanent.

Question 2

What is Libel?

Answer 2

Libel is a type of defamatory statement which is released in permanent form through any written media, this could be a news article or even a twitter post.

Question 3

Definitions of defamatory statements:

Answer 3

• A defamatory statement is a statement that can cause or result in serious harm to a person or organisation.
  
  • This serious harm can include:
    
    • Exposing the victim to hatred, ridicule or contempt, or causing them to be shunned or avoided;
    • Lowering the victim in the views of the right thinking public;
    • Or disparaging the victim in their place of work.

Question 4

What does “meaning of words” refer to?

Answer 4

“Meaning of words” refers to what a statement means in the public eye. This is because for a statement to be classed as defamatory, it first has to be proven that it has harmed, or could be harming to, a client.

Question 5

What is an inference?

Answer 5

An inference is a statement which has a secondary meaning which can be understood by someone, without special knowledge, who “reads between the lines in the light of his general knowledge and experience of worldly affairs”

Question 6

What are innuendos?

Answer 6

Innuendos in defamation law are statements that seem to be innocuous to some people but are defamatory to people with special knowledge

Question 7

What is meant by bane and antidote?

Answer 7

Bane and antidote is a term that basically describes a situation where a defamatory meaning may be conveyed by a particular sentence, but might be removed by the context which follows in the article.

Question 8

Why media organisations may be reluctant to fight defamation actions?

Answer 8

• It is an uncertainty on how a judge will decide the meaning of what was published.
  
  • When it comes to defamation actions, it is difficult to properly prove it in court.
  • If they lost a defamation trial, they could lose a substantial amount of money in damages.
  • The legal costs of the case are enormous for both sides involved, which are normally payed by the loosing side on top of their own legal fees.
  • Due to the legal costs, it is often easier to settle the claims outside of court.

Question 9

What two key points in the defamation act of 2013 have helped make it easier to defend libel action?

Answer 9

• Firstly, it abolished the use of a jury for defamation cases.
  
  • Secondly, it states that a statement is not defamatory unless it has caused, or is likely to cause, serious harm to the victim’s reputation.

Question 10

Why should journalists try to print a prompt apology if an innocent error has occurred?

Answer 10

Printing a prompt apology can result in lowering the chances of an offended individual suing, resulting in saving thousands of pounds that could have gone towards legal fees. It can also play a significant part in the court’s consideration of whether a statement caused “serious harm” to a clients reputation.