Defamation Flashcards
What is defamation?
Defamation is a tort where the claimant is seeking compensation for damage to their reputation.
What two competing rights must be balanced in defamation cases?
The right of the claimant to protect their reputation and the right of the defendant to freedom of expression.
Which section and Act removed the right to a jury trial in defamation cases?
Section 11 of the Defamation Act 2013.
What type of legal aid is available for defamation cases?
No legal aid is available for defamation cases.
What are the two types of defamation?
Libel (permanent form, e.g., print) and Slander (non-permanent form, e.g., spoken).
What did the case of Monson v Tussauds (1894) establish?
It established that libel includes more than just print, as a wax model was deemed defamatory.
What must a claimant prove to have a successful defamation claim?
- There must be a defamatory statement. 2. The statement must refer to the claimant. 3. The statement must have been published. 4. The publication must have caused or be likely to cause serious harm to the claimant’s reputation.
What is the objective test for a defamatory statement according to Sim v Stretch (1936)?
A statement is defamatory if it lowers the claimant’s reputation in the estimation of right-thinking members of society.
What does the case of Parkins v Scott (1862) highlight about defamatory statements?
Vulgar abuse or insults spoken in the heat of an argument are not defamatory as they do not reflect on a person’s reputation.
What was the significance of the case Byrne v Deane (1937)?
It showed that informing the police about illegal activities could not be considered defamatory.
What was the ruling in Jason Donovan v The Fact (1998)?
It was deemed defamatory to imply that Jason Donovan deceived the public about his sexuality.
How did Berkoff v Burchill (1996) classify the description of Steven Berkoff?
The description was held to be defamatory as it made him an object of ridicule.
What defamatory statement was made in the Liberace v Daily Mail (1959) case?
The Daily Mirror described Liberace in derogatory terms, which the court held lowered his reputation.
In Cassidy v Daily Mirror (1929), why was the statement held to be defamatory?
It implied that the claimant was not the real wife of a famous racehorse competitor.
What did the case Charleston v News Group Newspapers (1995) determine regarding photos superimposed on actors?
The photos were not held to be defamatory as it was clear the faces were superimposed and indicated as such.
What is an innuendo in the context of defamation?
An innuendo refers to a statement that indirectly criticizes the claimant, potentially altering its meaning based on context.
What defamation case involved an advertisement using an amateur golfer’s image?
Tolley v Fry (1931) held that using the golfer’s image to promote chocolates was defamatory.
What does the case Hulton v Jones (1910) illustrate about defamation?
A defamatory story using a fake name that matches the claimant’s name can still be deemed defamatory.
Can a class of people be defamed based on the case Eastwood v Holmes (1858)?
No, statements directed at overly large groups cannot be defamatory.
What did Knupffer v London Express Newspapers (1944) conclude regarding statements aimed at a political group?
Statements directed at a limited group can be defamed and can lead to lawsuits.
What must be proven for a statement to refer to the claimant?
An ordinary, reasonable reader must take the statement as referring to the claimant.
What does it mean for a statement to be published in the context of defamation?
The statement must be communicated to someone other than the claimant or the defendant.
What is covered under the definition of publication in defamation cases?
Publication covers more than traditional media; it includes any communication to a third party.
What does Section 1(1) of the Defamation Act say?
The defamatory statement must have caused, or be likely to cause, serious damage to the claimant’s reputation.
