Defamation

Question 1

libel

Answer 1

permanent, actionable per se. Serious harm is likely or has been suffered

Question 2

slander

Answer 2

Temporary, proof of special damage needed

Question 3

defamation

Answer 3

publication of statement that tends to lower a person in the estimations of right thinking members of society

• causes of is likely to cause serious harm
• statement refers to C
• statement is published

Question 4

when is proof of damage from defamation not required

Answer 4

imputation of criminal offence punishable by imprisonment

imputation of unfitness for office / business

Question 5

what is serious harm for traders, companies and professional services

Answer 5

financial loss

Question 6

is context taken into account in defamation

Answer 6

yes, read text and photos together

Question 7

test to know if it refers to C - defamation

Answer 7

would a reasonable person believe it referred to c

Question 8

can it refer to C if it refers to a group of people - defamation

Answer 8

only if it is a small enough group to refer to each member

Question 9

who does it need to be published to in order for it to be defamation

Answer 9

a third party, not C or D’s spouse

Question 10

can it be defamation if D didn’t intend for a third party to read it

Answer 10

yes if it was reasonably foreseeable

Question 11

who cannot sue for defamation

Answer 11

local authorities, government, political parties

Question 12

can MPs sue for defamation

Answer 12

yes

Question 13

can companies sue for defamation

Answer 13

only if it caused or is likely to cause serious financial loss

Question 14

defenses to defamation

Answer 14

truth, honest opinion, absolute privilege, qualified privilege, innocent dissemination, public interest, offer of amends

Question 15

truth - defense to defamation

Answer 15

D can prove its true on balance of proabilities

only harmful portion of statement not every word

Question 16

honest opinion -defense to defamation

Answer 16

genuinely and honestly held

objective test

Question 17

absolute privilege - who has it?

defense to defamation

Answer 17

judges, parliament, some exec communications

Question 18

qualified privilege - does it apply to the press?

defense to defamation

Answer 18

no

Question 19

what is qualified privilege

Answer 19

when D is acting under a legal, moral or social obligation to communicate information to a person who had corresponding interest in receiving the info.

Question 20

can qualified privilege be defeated

Answer 20

yes by malice - cannot rely on the defence if D had dominant and improper motive and lack of honest belief in the truth of the statement or recklessness regard for the truth

Question 21

innocent dissemination - defense to defamation

Answer 21

not author, editor or publisher , only distributing or copying.
Took reasonable care

Question 22

can websites rely on innocent dissemination defence

Answer 22

yes but not if they fail to address a complain as this would not be taking reasonable care

Question 23

public interest defense to defamation

Answer 23

covers press

D must have reasonably believed publishing it was in the public interest

Question 24

offer of amends - defense to defamation

when does it apply

Answer 24

unintentional defamation

D thought it was true or was referring to someone else but it was taken to mean C

Question 25

offer of amends - how it use it

Answer 25

written offer to C to publish correction, apology and pay compensation and costs

Question 26

what if C rejects an offer of amends

Answer 26

D can rely on this in court but not alongside other defenses

Question 27

remedies for defamation

Answer 27

injunction , damages