Defamation Flashcards
1
Q
Libel v slander
A
Libel is permanent - actionable per se
Slander is temporary
2
Q
Elements of libel
A
- D’s words are defamatory
- – lower C in eyes of right thinking members of society; cause C to be shunned or avoided; expose C to hatred, contempt or ridicule
- Words refer to C
- Words have been published
3
Q
Defamation Act 2013
A
Only if has caused or is likely to cause serious harm to the reputation of the C
4
Q
J’Anson v Stewart
A
Not necessary to have intention to refer to C
Only that a reasonable person would know who they’re referring to
5
Q
Defences
A
To aid freedom of expression
- Truth
- s2 Defamation Act 2013
- Honest opinion
-s3 - Publication is on a matter of public interest
- qualified privilege
6
Q
Qualified privilege
A
Where 1 person has a special interest in hearing the honestly held views of another.
but defeated by malice - if D knew it wasn’t true
7
Q
Public interest
A
- If show C previously lied about matter
- Illegal or iniquitous behaviour revealed
- Political figures in their role in public life
- But powerful factor is breach of confidential relationship, esp contractual duty of confidence.
8
Q
Sim v Stretch
A
Defamatory
Lower C in eyes of right thinking society
9
Q
Youssoupoff v MGM
A
Cause C to be shunned or avoided
Stephen bercoff
10
Q
Parmiter
A
Expose C to hatred contempt or ridicule
