Defamation Flashcards
Origin
Civil Action
S11 defamation Act 2013
-can be tried by juries
-Art 10 v Art 8
-county and high court
No legal aid
McLibel Two
2 types
Libel: permanent form
Slander: oral and spoken
-Monsan v Tussauds: libel as wax model
Elements
-defamatory statement
-about claimant
-published
Defamatory Statement
-lowers Cs reputation
-Slim v Stretch
-right thinking mind of society/objective
-innuendo and implication
-vulgar words in a fight don’t count
-Parkin v Scott
Defamatory statement cases
-Tolley v Fry
-Cassidy v Daily Mirror: wife picture
-Charleston v NGN: neighbours, clear it was imposed
About Claimant
-ordinary person would see it refers to C
-not whole class of people
About claimant cases
-Eastwood v Holmes: all lawyers thieves
-Hulton v Jones: man with same name
-Newstead v London Express: bigamy, defamatory even if story about someone else
Published
-seen beyond writer, spouse and claimant
-must be more than hurt feelings
Published cases
-Huth v Huth: but not publication as D did not anticipate for butler to read it
Procedure and Remedies
-1yr to bring claim
-injunction
-offer of amends/publishing in correction
-compensation
s2 DA 2013
Truth
Justification
s3
Honest truth
-Joseph v Spiller
s3(5)
no defence if C can show D didn’t hold opinion
s4
Matters of public importance and interest
-Reynolds v times Newspaper
