Defamation

Question 1

two forms

Answer 1

libel (permanent)
Slander (transient)

Question 2

Elements of defamation

Answer 2

1.Statement is defamatory meaning the ordinary person would think less of the claimant as a result
2. The statement identifies / refers to the claimant
3. Statement is published to a third party
4. The claimant suffers serious harm or is likely to suffer serious harm as a result

Question 3

AOP

Answer 3

Defamation act 2013

Question 4

Slander

Answer 4

Requires “special damage” which means actual financial loss - uless the slander is that C committed a criminal offence, or the slander is intended to ruin someones career / trade / business

Question 5

Defence 1

Answer 5

truth : s.2 - D must prove this

Question 6

defence 2

Answer 6

Honest opinion: s.3 - could have been held by any honest person based on the facts which existed at the time

Question 7

Defence 3

Answer 7

Public interest to publish: s.4 statement has to be on a matter of public interest, AND D attempted to verify truth and gave C a chance o comment

Question 8

Defence 4

Answer 8

Innocent dissemination: s.5 Internet providers / website operators defence, but does not apply if D became aware if statement and didn’t remove it

Question 9

Defence 5

Answer 9

absolute privilege - absolute defence even if statement is untrue or malicious (judicial / parliamentary / report on court proceedings)
Qualified privilege - Wont apply if there is evidence the statement was made with malice (includes publishing fair and accurate reports on a matter of public interest)