Chapter 21 Flashcards
What does serious harm to the reputation mean when applied to anybody the trades for profits?
The business that “trades for profit” needs to show that the publication has caused, or is likely to cause serious financial loss to the business.
Why does this change help small businesses more than larger ones?
The 2013 defamation act was changed to require evidence of “serious harm” to reputation, so larger companies will find it difficult to prove that they have suffered serious financial loss, but for a smaller company, even the loss of one prospective client may help to establish such a loss.
When can local or central government sue for defamation?
They can sue as institutions when the publication of defamatory material affects their property.
When can individual counsellors or officials Sue?
They can sue if the defamatory publication is seen as referring to them personally.
What does the word disparaging mean?
Disparaging means to express the opinion that something in question is of little worth.
Can a publication defame a person or a firm by disparaging goods? Explain why.
In short, yes it can. But it wont be enough for the statement to simply affect the person adversely in their business. The statement must also infer discreditable conduct in that business, or tend to show that they are ill-suited or ill-qualified to do it.
What are the three things required for a claimant to prove defamation? Describe each of these three things in as much detail as you can.
- Firstly, the claimant must show absolute proof that the publication is defamatory and has substantially harmed (or can substantially harm) the claimant.
- Then, the claimant has to prove that the publication is understood to refer to them through identification, not just indication.
- And lastly, the claimant has to show that the defamatory publication was published to a third person, which can be anyone who isn’t the claimant themselves.
What is juxtaposition?
Juxtaposition is basically when you cross-examine two elements against each other, side by side, in order to find any similarities or differences.
