Defamation Flashcards
Sim v Stretch (1936)
Would the words tend to lower the plaintiff in the estimation of right thinking members of society? per Lord Atkin
Yousopoff v MGM Pictures (1934)
Words which may make right-thinking members of society shun or avoid C without any moral discreditation on C’s part are sufficient
Tolley v Fry (1931)
Only a particular section of society will not suffice; advertisement defamatory to those who knew he was an amateur golfer; visual images are permanent
Statute says theatrical performances are permanent
Byrne v Dean (1937)
Criminals operating an illegal gambling machine where not held to be right thinking memebrs of society
Emerson v Grimsby Times (1928)
Draws a distinction between a joke and something which is truly defamatory
Myroft v Sleight
Hypocrite (trade union) is sufficient for a claim
Berkoff v Burchill (1996)
Able to make a claim as an actor whoh was described as ugly, Miller LJ dissent as ugly is not a set back
Charleston v News Group Newspapers (1995)
The whole article must be read to establish if it is a joke
Monson v Tussauds (1884)
A waxwork is capable of being defamatory; Lopez LJ considers that chalk board markings are libel
Lewis v Daily Telegraph (1963)
False innuendo; reading between the lines made suspect of fraud when really only being investigated
Defamation Act 2013 s1
Must cause serious harm or likely to cause serious harm
Cassidy
Does not matter if they do not know the statement is defamatory
Derbyshire CC v Times Newspapers (1993)
Local government bodies cannot sue in defamation as would be contrary to the ECHR and stifle legitimate criticism
Goldsmith v Bhoyrul (1997)
Political parties cannot claim
EETPU v Times Newspapers Ltd (1980)
Trade unions cannot claim