defamation

Question 1

what case has the definition of defamation

Answer 1

SIMS V STRETCH

Question 2

what is the definition of defamation made in sims v stretch

Answer 2

publication of material which refects on the plaintiff’s reputation so as to lower the plaintiffs in the estimtaion of right-thinking members of society generally

Question 3

what must the publication cause

Answer 3

publication must cause or be likely to cause serious harm to the reputation of the claimant (or if a financial body must cause serious financial loss)

Question 4

what are the two types of defamation

Answer 4

libel and slander

Question 5

what is libel

Answer 5

Defamatory material in permanent form such as written/printed statements/posters/pictures/TV or radio broadcasts

Question 6

what is slander

Answer 6

defamatory material in transient form - usually spoken in words, gestures or sign language

Question 7

what can libel where slander cannot

Answer 7

libel can be punished as a crime where slander is only tort

Question 8

what must there be for there to be libel and or slander

Answer 8

there must be actual serious harm caused or likely to be caused by the publication

Question 9

what was said in the case of spring v guardian

Answer 9

plaintiff will not be allowed to sue in negligence instead of defamation so as to deny a defendant his right to pleaad one of those defences

Question 10

what are the three things the plaintiff must prove for defamation

Answer 10

the material he complains about was defamatory, was referred to him and was published to a third person

Question 11

how do you prove that something was defamatory

Answer 11

cause serious harm or likely to cause serious harm

Question 12

case example of successful defamation claim

Answer 12

cassidy v daily mirror newspapers ltd

Question 13

can there be defamation if the words may be innocent at first sight?

Answer 13

yes, words could be innocent at first sight, but may bear some secondary meaning if they are considered in the light of additional facts known to person to whom the statement is made or published

Question 14

what is it called when words could be innocent at first sight, but bear secondary meaning

Answer 14

true/legal innuendo

Question 15

what is a case example of true/legal innuendo

Answer 15

Toley v fry

Question 16

what does it mean to be a false innuendo

Answer 16

where the plaintiff seeks to argue that the words themselves given an impression of, or mean something different from their ordinary and natural meaning

Question 17

how can defamation be referred to the plaintiff

Answer 17

directly or indirectly

Question 18

what happened in the case of Morgans v Odhams Press Ltd

Answer 18

direct defamation as the class of readers were likely to read the defamation

Question 19

what other cases are examples of reference to the plaintiff directly or indirectly

Answer 19

Hayward v thompson and hulton v jones

Question 20

what is a case example for defamation of a class of persons

Answer 20

Knuppfer v London express newspapers ltd

Question 21

what happened in the case of Knuppfer v london express

Answer 21

appeal was dismissed as defamation is only applicable to a plaintiff and not a group of people

Question 22

when would a person be liable when he statement is published to a third person

Answer 22

a person will be liable if he intends or ought reasonably to have foreseen that the statement would come to a third party’s attention

Question 23

what does the case of Huth v Huth say

Answer 23

letter was very lightly closed, it wasnt considered as half open and therefore defamation could not have occured as it would have been difficult to foresee that a third person would have been able to read the letter

Question 24

is it defamatory to re-publicate something

Answer 24

under the case of slipper v bbc, yes it would still be defamation if something was re-publicised because it could be argued that it was reasonably foreseeable that the defamation would occur

Question 25

what was held in the case of byrne v deane

Answer 25

words of verses could not constitute for defamation

Question 26

can consent be a defence of defamation

Answer 26

yes under the case of chapman v ellesmere

Question 27

What does absolute privilege mean

Answer 27

when there could be a complete defence

Question 28

when can there be a complete defence

Answer 28

Parliamentary proceedings, judicial proceedings, official communications, fair and accurate newspaper reports or broadcast reports by radio or television of judicial proceedings or reports of the parliamentary commissioner for administration and of the commissioners for local administration

Question 29

case example for parliamentary proceedings to be a complete defence

Answer 29

Hamilton v Al fayed

Question 30

case example of judicial proceeding to be a complete defence

Answer 30

addis v crocker

Question 31

case example for official communications to be a complete defence

Answer 31

chatterton v secretary state of india

Question 32

wht was held in the case of watt v longsdon

Answer 32

a speaker is privileged to make defamatory statements about another when the speaker had either a duty or an interest to publish the statements. privileged to make defamatory statements about another when the speaker had either a duty or an interest to publish the statements.

Question 33

when can a qualified privilege be lost

Answer 33

The privilege may be lost if: (1) they go beyond the limits of the duty of interest; or, (2) they may be published with express malice, so that the occasion is not being legitimately used, but abused.

Question 34

what does it say about defamation in parliament or judicial proceedings

Answer 34

A) fair and accurate reports of proceedings in parliament enjoy a qualified privilege;
b) fair and accurate reports of judicial proceedings also enjoy qualified privielege

Question 35

however, when what is proved by the claimant, will the qulified privilege be defeated

Answer 35

when Malice is on D’s part - horrocks v lowe

Question 36

can an apology be used as a defence for defamation

Answer 36

yse, but rarely used in practice - a genuine apology may,however, help mitigate the damages