defamation

Question 1

main act for defamation

Answer 1

defamation act 2013

Question 2

what are the elemenents that need to be established for a statment to be defamitory

Answer 2

1- must be defamatory
2- must refer tot the claimant
3- must be published
4- must cause serious harm or likely to cause serious harm to the claimants reputation

Question 3

what case gives a defamation definition

Answer 3

sim v stretch

Question 4

case for defamation

Answer 4

Donovan v the face- newspaper published him as gay

Question 5

what is innuendo + case

Answer 5

statement does not have to directly refer to the claimant
Tolley v fry and sons - golf one

Question 6

statement must refer to the claiment case

Answer 6

Holton v jones

Question 7

what are the defamation defences

Answer 7

truth
honest opinion
matter of public importance
absolute privilege
qualifyed privilege
offer of amends

Question 8

trth defence + case

Answer 8

covered by s2 defamation act act
gecas v scottish television

Question 9

honest opinion defence + case

Answer 9

s3 defamation act 2013
3 parts
- statement must be one of opinion
- statement indicates the basis of the opinion joseph v spiller
- an honest person could hold that opinion

Question 10

defence of public importance + case

Answer 10

s4 defamation act
Reynolds v times newspaper
looks at the seriousness of the allegation, nature of it, source etc

Question 11

absolute privilage defence

Answer 11

things said in parliamentary proceedings cannot be defamatory no matter what is said

Question 12

qualified privilage defence

Answer 12

statements made in certain circumstances may be able to use this defence

Question 13

offer of ammends

Answer 13

when the 2 party’s sort it out themselves and an apology is published