Defamation Flashcards
What is defamation?
Defamation occurs when untrue, damaging information about someone or an organisation is published.
This includes both written and spoken statements, as well as images.
What is the purpose of the Defamation and Malicious Publication (Scotland) Act 2021?
To protect individuals or organisations from harm and to safeguard their reputation and good standing.
The Act aims to provide legal recourse for those who have been defamed.
What types of statements are covered under defamation in Scotland?
Both written and spoken statements, as well as images.
There is no differentiation between spoken and written defamation in Scotland.
True or False: In Scotland, there is a distinction between spoken and written defamation.
False.
The law treats spoken and written defamation equally.
How is defamation defined in law ?
“A statement about a person is defamatory if it causes harm to the person’s reputation (that is, if it tends to lower the persons reputation in the estimation of an ordinary person)
Example of Defamation
In 2019 political blogger Stuart Campbell sued Scottish politician Kezia Dugdale for defamation after she said his tweets were homophobic. The court found her comments were indeed defamatory but ruled in her favor as she had fair comment defense since it was her honest opinion. She used honest opinion defense causing Campbell to lose the trial.
What are the five elements of defamation?
- A statement
It occurs when someone makes false statements that tend to lower someone’s reputation - About the pursuer
The person has been identified. This need not be by name - Communication
All forms of communication, written statements which are called libel. Verbal statements which are called slander. Scots law doesn’t differentiate on the basis of the mode of delivery - False/not proven
A statement is false
-Serious Harm
Pursuer must prove defamation is likely to cause serious harm to their reputation. Companies must prove likely serious financial loss
What are the five elements of defamation?
• A statement
• About the pursuer
• Communication
• False/not proven
• Serious harm
Defamation occurs when someone makes false statements that tend to lower someone’s reputation.
What is the first element of defamation?
A statement
This statement must be false and tend to lower someone’s reputation.
What does ‘about the pursuer’ mean in the context of defamation?
The person has been identified. This need not be by name.
The identification can occur through other means, as long as the statement relates to the pursuer.
What forms of communication are included in defamation?
• Written statements (libel)
• Verbal statements (slander)
Scots law does not differentiate based on the mode of delivery.
What must be proven regarding the statement in defamation cases?
False/not proven
A statement must be false for it to be considered defamatory.
What is required to prove serious harm in defamation cases?
The pursuer must prove defamation is likely to cause serious harm to their reputation.
Companies must additionally prove likely serious financial loss.
What are examples of defamation
Accusations of or about:
- moral character
- criminality
- incompetence or misconduct
- financial unsoundness
- bad character
- health
What are Innuendoes ?
A stammer which may seem innocent to some people but is defamatory to people with special knowledge. It can be a remark or hint, typically a suggestive or disparaging one.
What are the defenses for defamation ?
Defense of truth, Defense of public interest and defense of honest opinion.
What is Truth defense
It is a defense to defamation proceeding for defender to show that the statement is true or is substantially true especially if it caused no serious harm to the reputation of the purser.
Defence of Public Interest in defamation
It is a defence to defamation proceedings for the Defender to show that the statement was on matter of public interest or believed that the statement complained of was in the public interest.
Honest Opinion in defence of defamation
this protects sincere expressions of point of view or opinion. It must recognize to the reader/viewer/listener as a matter of opinion rather than fact.
What is Absolute Privilege?
It allows for complete freedom of speech with no fear of being sued for defamation.
Absolute privilege is applied to certain situations regardless of the truthfulness or malice of the information.
In which situations is Absolute Privilege applied?
- Statement in Parliament
- Reports on parliamentary proceedings
- Statement in Court
- Statement by one minister to another in the course of official duties
These situations ensure that individuals can speak freely without legal repercussions.
What is Qualified Privilege ?
It applies where a person has a duty or an interest to speak and where
there is a public interest issue or a moral duty. This allows statements
to befreely published in the public interest.
Examples of qualified privilege
• A person reporting a crime.
• Complaints to a Chief Constable about conduct of police officers.
• A person who gives a reference
• A person replying to criticism
• Media reports of press conferences, parliamentary debates, public meetines
• Sutreports must be fair, accurate, without malice and in the public uncerest
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