Defamation Flashcards
What is defamation?
Anything that could be damaging to the reputation.
Slander
Defamatory statement, usually spoken.
To be defamatory, must also be likely to cause serious harm
Company = material has caused/likely to cause serious financial loss.
Can sue for defamation.
Individual claimant = material has caused/likely to cause serious harm to reputation.
Can sue for defamation.
Claimant
They don’t have to prove that the statement was false or there was any ill-intent on behalf of the publication or the broadcaster
Libel
Defamatory statement made in permanent form
= print, online, broadcast etc
Libel
Defamatory statement made in permanent form
= print, online, broadcast etc
Tort
A civil wrong which someone is seeking to be put right by the law.
Usually seeking money damage.
Broadcasting Act 1990
Statements broadcasted on TV or radio are libel
Theatres Act 1968
Statements in a play are libel
Publication
Does not have to be to a large audience but the third person other than claimant or their spouse/partner will be involved.
Defences - Qualified Privilege
- Fair & accurate
- Applies to speeches, discussion & statement made in privileged report
- No malice
- Public meetings
- Police appeals & statements
- Public interest defence
= covers meetings issued as an official body (parliament)
Common Danger Areas
- Innuendo
- Headlines, captions & pics
- Juxtaposition
- Jigsaw identification
- Material from other publications
- Ease of publishing on social media
- Mistaken identification
Defences - Truth
- Applies to statement of fact
- Must show the meaning is substantially true
- Must convince the court the statement is a balance of probabilities
- Don’t imply habitual conduct
Defences - Absolute Privilege
- Day-to-day updates
- Covers on the spot court reports
- Public interest defence
- Matters in court
- Fair & balanced
- Accurate
- Contemporaneous
= published at next available opportunity
Defence - Honest Opinion
- Based on provably true facts
- Personal view
- Not a factual statement
Defence - Online comments & live broadcasts
- Take reasonable care afterwards
- Prove you’re a secondary editor
= Innocent dissemination applies in new 2013 act
Defence - Safe harbour ruling
- Notice & take down procedure
- Protects host of material
Defence - Leave & Licence
- Consent
- Permission & proof
Identification
Writing a true story but identifying the wrong person
Defaming groups
You cannot defame groups but can defame members of that group
Dropping hints
Not specifically naming but widened the understanding of a potential person
Pixellated pictures
Could leave details such as background, logos or clothing etc.
Jigsaw Identification
Readers can put together a picture of who is being referred to
Claimant has to prove 4 stages:
- Defamation
- Identification
- Publication
- Serious Harm
