Defamation Flashcards
What are the two Defamation Acts
Defamation Act 1996 and Defamation Act 2013. Use 2013 in answers
What two areas is defamation split into
Slander and Libel
What is slander
Defamation of a person through speech
What is Libel
Defamation of someone through a permanent form of communication e.g. an article
What makes a statement defamatory
Exposing him/her to hatred, ridicule or contempt, or causing him/her to be shunned or avoided. Lowering him/her in the estimation of right-thinking members of society generally or disparaging the person in his/her business, trad, office or profession
What does Section 1 of the Defamation Act 2013 say
A statement is not defamatory unless its publication has caused, or is likely to cause, the claimant “serious harm” or a company “serious financial loss”
What three things must a libel claimant prove
1) That the statement is defamatory, that they have been identified and that it has been published to a third person
What is the repetition rule
Was that each repetition is a fresh libel
What is the single publication rule
What used to be the repetition rule, Section 8 of the new act adds in the “single publication” rule for online. Now, the period for bringing a defamation action starts from the date of the first publication
Anyone who wants to sue a publication for defamation must
normally begin the defamation action within a limited period of
time which is specified by law. How long does that specified
period last?
Within 12 months of the first publication
What is the difference between an inference and an innuendo
An inference is a secondary meaning which can be understood by most people while an innuendo is a secondary meaning which can only be understood by people with special knowledge
What is the defence of “leave and license”
The claimant had previously agreed to publication of the defamatory material
