Defamation Flashcards
What act does defamation deal with?
Article 8
What is libel?
defamation written down or in a permant form, like an article or a picture.
What is slander?
Is when defamation is spoken.
What do you need to show to prove slander?
That the slander has/ could cause you harm. Like losing your job. you must show that it lowers the estimation of you in the other right thinking members of society.
What is an exception to having to prove slander?
If the slander claims that you are a criminal or are bad at your job.
What does it mean to lower right thinking members of society’s estimation of you?
Basically if ordinary people will think lesser of you because of the defamation then it breaches A.8. It also refers to within an industry, as if a story comes out where it doesn’t really affect the whole population, but it effects your reputation in your industry that is also defamation.
When will libel become defamation?
when the permant form is written to somebody else or is published.
What must the defamation include?
A reference to the claiment like a name or just a generally reference to who they might be.
What are the defences to defamation?
- Truth
Honest opinion
Privilege
Innocent dissemination
Public interest
What is the truth defence to defamation?
If you are telling the truth and can prove it is the truth, it is not defamation and the defendant is not liable.
What is the honest opinion defence?
That if it is your honest opinion, and you frame it as you opinion, it is not slander. Like leaving a review for a restaurant.
What is the exception with honest opinion?
That if you frame your opinion as a fact, with no proof, you will be libale. I.E you eat at a restaurant, don’t like the food and then claim they have rats with no proof, then it is defamation.
What is privilege?
Could be seen as parliamentary privilage, or judicial privilege, where during the job they cannot be sued for what they say. As that is what is necessary to complete their job. LIke can’t sue an MP for what they say in HOC, but the moment they are out of the HOC and then say something they can.
What is the public interest defence?
That if the journalists have researched and know it’s true and it is in the public interest to know, they won’t be liable. If the public was interested then the journalist/newspaper is responsible.
What is the innocent dissemination defence?
If you weren’t the orginal writer, editor or commercial publisher. I.E a website operator will not be liable for only taking a statement down after they have been notified. As in the case of Google.
