DEFAMATION Flashcards
What are the elements of defamation?
Must be a defamatory statement
Must refer to the Claimant
Must have been published
What is the diff between libel and slander?
Libel- publication in permanent form
Slander- publication in transitory form, proof of special damage is needed ie financial loss
What question is asked as regards to whether the material is defamatory?
Does it lower the claimants reputation in the eyes of the ordinary person?
(Lewis v Telegraph)
What if the statement is merely abusive in heat of moment?
No defamation
What is the requirement of seriousness?
Must have been likely to cause serious harm to rep of C
What is a false innuendo?
Literal meaning of words not def but reader understands true meaning.
What is true innuendo?
Def meaning becomes apparent vs background of facts known by reader
What test is applied to establish if material referred to C
Reasonable person test
What about group defamation?
Not generally recognised unless class is very small
What is the up to date law on publication?
Single publication rule as opposed to fresh action for each repost
Can goverment bodies sue for defamation?
Nope
What is the truth defence?
If statement is true is cannot have lowered reputation further.. Alexander v NE Railway co
What is the defence of honest opinion?
Statement was an opinion
Opinion must be honest
What is absolute privilege as a defence?
ie statements read in P, witness statements
What is qualified privilege?
D has a duty to communicate the info to the public who has an interest in receiving the info
