Defamation Flashcards
What is the legislation regarding defamation?
The Defamation Act 2013
What is defamation law?
The law protects every individuals personal and professional reputation from unjustified attack,
Difference between Libel and Slander
Libel- written defamatory statement
Slander- spoken defamatory statement
Are defamatory statements in broadcast (radio and tv) libel or slander?
They are classed as libel by the Broadcasting Act 1990
What must the claimant prove?
- They must prove the statement is defamatory as it is likely to cause ‘serious harm’ to reputation
- Reasonably understood to refer to him/her
- Published to third person
DEFAMATORY, IDENTIFIES, PUBLISHED (DIP)
Definition of a defamatory statement
A statement which:
- exposes the person to hatred ridicule or contempt
- causes the person to be shunned or avoided
Definition of inference
A statement with secondary meaning which can be understood by someone without special knowledge
Definition of innuendo
A statement which may seem innocuous to some people but will be seen as defamatory by people with special knowledge
What does DIP mean
Prove it is:
- Defamatory e.g. ezposes the person to hatred etc.
- Identify- claimant must establish that the info identifies him/her
- Published- the claimant must prove the statement was published
What is the repetition rule?
If someone repeats the defamatory statement they are also liable.
What is bane and antidote?
It means that if something that is defamatory can be removed by context then it cannot be disreputable. The bane and the antidote must be taken together.
