Defamation Flashcards
Can claimant sue?
Derbyshire CC v Times Newspaper
Is it statement?
Monson v Tussauds
Was it published to a third party?
Ruth v Ruth
Physical Notice Board
Byrne v Dean
Online Blog
Tamiz v Google
Subscription based online site
Godfrey v Demon Internet Limited
ISP not liable
Burnt v Tilley
Refer by reference to appearance and namesake
J’Anson v Slint
Refer by wordplay
Byrne v Dean
Didn’t intend to refer to claimant, but shared name
Hulton v Jones
Can’t sue if statement is against class
Knupffer v London Express
Right minded person think less
Per Lord Atkin in Sim v Stretch
Shunned
Youssopoff v MGM Pictures
Open claimant to ridicule
Berkoff v Burchill
Whole context of article must be taken into account
Charleston v News Group Newspapers
Innuendo test is objective
Baturina v Times Newspapers
False Innuendo
Lewis v Daily Telegraph
True innuendo
Tolley v Fry
Serious harm and probability
Lachaux v Independent Print Ltd
Truth
Grobbelaar v NGN
Honest opinion
BCA v Singh
Qualified privilege
Reynolds v Times Newspapers
Qualified privilege based on reciprocity
Adam v Ward
Qualified privilege can be exceeded
Watt v Longsdon
Responsible journalism test for public interest
Reynolds v Times Newspapers
Offer to make amends
S. 22 Defamation Act 1996
Offer to make amends cannot be made if D knew or thought statement to be defamatory
Milne v Express Newspapers
Damages must be proportionate
Steel and Morris v UK
Court unlikely to grant interlocutory injunction
Bonnard v Perryman, although orbiter pushback in R (Taveta Investments) v Financial Reporting Council
