Defamation Flashcards
What does defamation do
Protect rep
Two types
Slander (transitory)
Libel (permanent)
In what court
High and county
Definition of defamation
The communication of a false statement that has unjustly caused harm to reputation.
Basic defamation case
Monson v Toussauds
Wax model holding gun-held:libel
Main act for defamation
Defamation Act 2013
What must the C show for defamation? (4)
A defamatory statement, referring to claimant, publishes, causing/likely to cause serious harm to rep
Byrne v Deane
D owned illegal gambling machines. C informed police. Notice on wall said “Byrne in hell”.
Not defamatory as ordinary person would have approved of informing police
Refers to claimant case
Knupfer v London Express Newspapers
An ordinary person would understand it referred to the claimant
Directed at political group, claimed to support Hitler. A limited group of people can all sue
Extra Refer to claimant cases
Hulton v Jones-name can be fictional
Dwell v Macmillan-pictures used
Hayward v Thompson-refer through context
Must be published case
Huth & Huth-was not published as did not expect butler to read it, so not defamatory.
6 defences to defamation
Truth S2 Honest Opinion S3 Public interest S4 Absolute privilege Qualified privilege Offer of amends
Truth defence S2
If substantially true-defence available, no matter how damaging. Small inaccuracies do not prevent validity
Honest opinion
Allowed if 3 conditions met.
Opinion made
Basis for opinion given
Honest person would’ve thought the same
Public interest S4 case
Reynolds-outlines factors to be considered for public interest e.g seriousness, reliability.
Absolute privilege
covers person making statement e.g spouse to spouse, solicitor to client
Qualified privilege
Applies to statements in certain circumstances, without malice
Offer of amends
Written apology with compensation.
Sim v Stretch
Defamatory if lowers rep
How do courts decide what is defamatory?
objective test-would statement make an ordinary person think less of them, think they couldn’t do their job, avoid them or treat them as a figure of fun
Parkins v Scott
Vulgar abuse or insults said in heat of argument are not defamatory s1(1)
Tolley v JS Fry
Statement can defamatory by implication/innuendo.
Golfer’s image used in chocolate promotion. Implication he had been paid=defamatory
When can liability be escaped, and case
by swift apology (Cooke v MGN)
What rewards are for defamation
Compensation or injunction
S12 HRA
Journalistic merit-Journalists can disclose information with matters of public interest, even if harmful
S11 DA 2013
Cases are tried without jury, judge decides remedy
S1(1)
Serious harm must be caused/likely to be caused.
Reduces number of claims brought over insults or jokes etc e.g Parkins v Scott
