Defamation Flashcards
What is defamation?
Defamation is a tort where the claimant is seeking compensation for damage to their reputation.
What rights are balanced in defamation cases?
The right of the claimant to protect their privacy and reputation (Article 8) and the right of the defendant to freedom of expression (Article 10).
What are the two parts of defamation?
Libel - defamation in permanent form., Slander - defamation in non-permanent form.
What is the main Act for defamation?
The Defamation Act 2013.
What are the elements of a successful defamation claim?
The statement must be defamatory., The statement must refer to the claimant or be taken to refer to the claimant., The statement must have been published., Publication of the statement has caused or is likely to cause serious harm to the claimant’s reputation.
What is a ‘defamatory statement’?
There is no statutory definition; it is determined by case law, considering if the statement would lower the claimant in the estimation of right-thinking members of society.
What is the key question regarding defamatory statements?
Has the reputation been adversely affected or put at risk by the statement?
What is innuendo in defamation?
A statement that does not directly criticize the claimant but does so indirectly by implication.
What is the requirement of serious damage to reputation under the Defamation Act 2013?
The defamatory statement must have caused, or be likely to cause, serious damage to the claimant’s reputation.
What does the publication requirement entail in defamation?
The information must have passed from the defendant to a person other than the claimant or the defendant’s spouse.
What is the Repetition Rule under the Defamation Act 2013?
Every repetition is a fresh publication and creates a fresh cause of action.
What are the main defences to defamation?
Truth - s2 Defamation Act 2013.,Honest opinion - s3 Defamation Act 2013.,Responsible publication on a matter of public importance - s4 Defamation Act 2013.,Absolute privilege.,Qualified privilege.,Offer of amends.
What is the defence of truth in defamation?
The defendant can prove that the statement is ‘substantially’ true, even if it is damaging to the claimant’s reputation.
The defendant can prove that the statement is ‘substantially’ true, even if it is damaging to the claimant’s reputation.
The defendant can prove that the statement is ‘substantially’ true, even if it is damaging to the claimant’s reputation.
What is absolute privilege in defamation?
Statements covered by absolute privilege cannot be defamatory and include parliamentary proceedings and fair reports of court proceedings.
What is qualified privilege in defamation?
It applies to statements made in certain specified circumstances without malice, allowing for a claim if malice can be proven.
What is the offer to amends procedure in defamation?
A written correction or apology along with a payment of compensation, made before a defence is lodged.
