Defamation

Question 1

Relevant for?

Answer 1

Article 10

Question 2

Defamation comes in two forms

Answer 2

libel or slander:

 Libel is a permanent form - so written or broadcasted

 Slander is transient - so spoken, or through conduct and gestures

Question 3

Elements of defamation:

Answer 3

Statement is defamatory meaning an ordinary person would think less of the claimant as a result

 Identifies or refers to the claimant

 Is published to third party

Question 4

Defamation Act 2013

Answer 4

Must show serious harm resulting or likely to result from the statement as well

 Slander claims require “special damage” which means financial losses

However there are two exceptions when a claim for slander can succeed without the need for special damage:

If the statement claims that the claimant has committed a criminal offence which is punishable by imprisonment (e.g. “X is a thief”)

If the statement is intended to ruin someone’s profession, career, position in office, calling, trade or business (e.g. “X is a doctor who is always amputating the wrong limb”)

Question 5

Defences

Answer 5

Truth - s.2 Defamation Act

Honest opinion - S.3 Defamation Act

Public Interest to publish - S.4 Defamation Act