Defamation

Question 1

Defamation

Answer 1

The publication of material which reflects on the plaintiff’s reputation so as to lower the plaintiff in the estimation of right-thinking members of society.

Sim v Stretch

Question 2

Types of defamation

Answer 2

Libel

Slander

Question 3

Libel

Answer 3

A defamatory statement published in written form.

Question 4

Slander

Answer 4

Defamatory statement in transient form, usually spoken words, gestures or sign language.

Question 5

Three things a claimant must prove for defamation:

Answer 5

That the material he complains about was defamatory.

That it referred to him.

That it was published to a third person.

Question 6

The material complained about was defamatory.

Answer 6

Statement must cause serious harm to the reputation of defendant.

S1 Defamation Act 2013

Question 7

True or legal innuendo:

Answer 7

Words are innocent at first but may bear a secondary meaning.

Lord McAlpine v Bercow

Question 8

Lord McAlpine v Bercow

Answer 8

B tweeted a perceivably innocent question – “why is Lord Alpine trending innocent emoji”.

This followed a news night report which falsely linked an unnamed conservative minister to paedophilia.

Question 9

The defamation referred to the claimant:

Answer 9

Whether or not the defendant intended to refer to the claimant is irrelevant. The question is whether reasonable people understand that the words refer to the claimant.

Question 10

Defamation can be direct or indirect

Answer 10

Newstead v London Express Newspaper (Can be indirect)

Question 11

Newstead v London Express Newspaper (Can be indirect)

Answer 11

Newspaper reported that claimant was convicted of bigamy.

Although this was true, another person of the same name, brought an action of libel forward.

Question 12

Can it refer to a range/class of persons?

Answer 12

Not broadly speaking.

Knuppfer v London Express Newspapers

Question 13

Knuppfer v London Express Newspapers

Answer 13

A statement which is defamatory to a class of persons must be sufficiently narrow, so that it could be seen as a reference to individuals.

Question 14

Published to a third person:

Answer 14

Defamatory material must have been published/communicated to at least one person other than the claimant.

Question 15

Communication to defendant’s spouse does not count as publication:

Answer 15

Wennhak v Morgan

Question 16

Communication includes internet blogs and tweets:

Answer 16

Johnson v Steele

Question 17

Defences to defamation

Answer 17

Truth
Privilege 
Public interest 
Honest Opinion 
Innocent Publication
Consent 
Offer of amends

Question 18

Available remedies

Answer 18

Damages

Injunction

Question 19

Defence of truth

Answer 19

Allows a defendant to show that imputations complained of are true.

Section 2, Defamation Act 2013

Question 20

Defence of honest opinion

Answer 20

Protects statements of opinion, with an identifiable factual or privileged basis, which an honest person could hold in relation to those facts.

Section 3, Defamation Act

Question 21

Defence of public interest

Answer 21

Words were published on an occasion which attracts qualified privilege either at common law or under state.

Watt v Longsdon

Question 22

Defence of innocent publication:

Answer 22

Not defamation for a person, who is not the author, editor publisher of the material, to reproduce material that they did not believe contained defamatory comment.

Question 23

Defence of consent:

Answer 23

Person who consents to the publication cannot subsequently bring an action for defamation.

Question 24

Defence of offer of amends

Answer 24

Allows defendant to acknowledge wrongdoing and preempt legal proceedings. More of an ADR.