defamation

Question 1

what is the definition of defamation?

Answer 1

the publication of a statement which reflects on a person’s reputation and tends to lower him in the estimation of right-thinking members of society

Question 2

what are the two forms of defamation?

Answer 2

slander and libel

Question 3

what is slander?

Answer 3

temporary form

spoken words, gestures, sign language

Question 4

what are the requirements of slander?

Answer 4

allegation has been published to more than one person
allegation must refer to claimant
words spoken tend to lower the claimant in the eyes of right thinking members of society
publication is likely to have or has caused serious harm

Question 5

what is the test for remoteness of damage for slander?

Answer 5

Lynch v Knight

the loss is such as might fairly and reasonably on the facts of the case have been anticipated and feared to result

Question 6

what situations will the courts presume that damage has occurred - slander?

Answer 6

• imputation of a criminal offence punishable by imprisonment
• imputation of professional unfitness or incompetence
• imputation of unchastity or adultery by a female
• imputation of a contagious disease

Question 7

what is libel?

Answer 7

a permanent form

requirement for serious damage

Question 8

what will a libel claimant have to prove?

Answer 8

as a fact on the balance of probabilities that serious reputational harm was caused or likely to be caused

Question 9

what are the defences to defamation?

Answer 9

• truth
• honest opinion
• absolute privilege
• qualified privilege
• publication on a matter of public interest

Question 10

how can someone raise the defence of truth?

Answer 10

defendant must prove on the balance of probabilities that the statement is substantially true
the most important part must be true

Question 11

how can someone raise the defence of honest opinion?

Answer 11

3 requirements:

• must be a statement of opinion
• basis for this opinion must consist of a comment on a set of facts
• must be reasonable

Question 12

how can someone raise the defence of absolute privilege?

Answer 12

applies where the need to protect freedom of speech is so important that an absolute defence is necessary

Question 13

how can someone raise the defence of qualified privilege?

Answer 13

applies in situations where it is desireable that freedom of speech is protected but author is acting honestly and without malice

Question 14

how can someone raise the defence of publication on matters of public interest?

Answer 14

defendant can show that the statement was or formed part of a statement on a matter of public interest and the defendant reasonably believed that publishing the statement was in the public interest

Question 15

how can you mitigate your loss as a defendant?

Answer 15

honestly and reasonably believing a statement to be true so published it
mistaken identity intending a statement to refer to someone else