Defamation Flashcards
What is the year of the Defamation Act?
2013
What is the Defamation Act 2013?
Defines a civil tort of defamation - any publication which causes serious harm to reputation or substantial financial loss to business
How might a claimant have a case for defamation
Burden of Proof: claimant must prove publication is defamatory, is understood to refer to claimant, has been published to a third party, and causes serious harm to reputation or substantial financial loss to business.
What if there is group defamation?
Every member of the group can sue if it can be understood by others to refer to each member
What are SLAPPs?
Strategic Lawsuits Against Public Participation - using the law against journalists acting in public interest
Name the defences for Defamation
Truth Defence
Qualified Privilege
Absolute Privilege
Honest Opinion
Innocent Dissemination
Public Interest
What is the truth defence?
A publication is substantially true on the balance of probability. Must have credible witnesses, prove truth of defamatory innuendos, keep signed statements and evidence, and avoid implying habitual behaviour.
What is Qualified Privilege?
A defence used for publication of comments made at public meetings, press conferences, old court cases, or official documents. Must be fair, accurate, without malice, and in public interest.
Must publish a reasonable letter/statement of explanation if requested.
What is Absolute Privilege?
Fair, accurate, and contemporaneous reporting of court proceedings - e.g., an outburst from the public gallery
What is the Honest Opinion Defence?
A publication is recognisable as opinion, and is an honestly held opinion based on provable/privileged fact
What is Innocent Dissemination?
Held under Section 1 of Def.Act - protects comments on online stories if a publication is not the editor/author of the comment, and reasonable care is taken to remove the comments when made aware.
What is the public interest defence?
Section 4 Defamation Act - must be able to show it was a matter of public interest, and the defendant reasonably believed that publication was in public interest
What is the chilling effect?
The cost of losing libel trial leads to the dropping of trials
Why must journalists be careful when repeating information?
Defamatory statement remains defamatory even if you make it clear that you are only repeating what someone else has already said; insertion of the word ‘alleged’ makes no difference.
Be careful not to repeat the original defamation while issuing an apology.
