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Obligations 1A Intentional Delicts > Defamation > Flashcards

Defamation Flashcards

1
Q

Rule 1

A

D must make a defamatory statement

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2
Q

Rule 2

A

That statement must be identifiably about P

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3
Q

Rule 3

A

That statement must be communicated to P or 3rd party

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4
Q

Rule 4

A

D must have no valid defence

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5
Q

What is the essential defamatory statement test

A

tend to lower P in the estimation of right thinking members of society generally

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6
Q

When is a statement not defamatory?

A

If it only lowers P in the estimation of certain members of society.

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7
Q

What case shows that being called a ‘grass’ is not defamatory?

A

Byrne v Deane

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8
Q

What case shows us that being into strikes is not defamatory?

A

Crow v Johnson

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9
Q

What case tells us defamation can be made through any medium?

A

Monson v Tusauds

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10
Q

What assumptions are made if the Sim v Stretch test is established?

A

That the statement is false. (this can be rebutted by proving its true). That the statement is malicious.

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11
Q

What does Hulton v Jones tell us

A

That even when defamation is unintended it is still liable.

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12
Q

What cases tell us that the reasonable person is not precise with their definitions? and what case says that the reasonable person is not avid for scandal?

A

Stocker v Stocker and Gillick v BBC

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13
Q

What case takes the reasonable person to be discerning and understand context?

A

Charleston v News Group Newspapers

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14
Q

What case shows us claims of criminality can be defamatory?

A

Wray v Associate Newspapers

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15
Q

What cases shows us casting someone as immoral can be defamatory?

A

Winter v News Scotland Ltd (sex with inmates). Monroe v Hopkins (hates war dead).

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16
Q

What case shows us that the reasonable person would expect someone to report racism and therefore that is not defamatory?

A

Rufus v Elliot

17
Q

What case shows us it is no longer defamatory to be called gay?

A

Cowan v Bennett

18
Q

What cases show us that defamation for calling someone is a liar relies on the degree to which it is said?

A

Carol v BBC and Wilson v Bauer Media

19
Q

Which cases show us claims of professional impropriety are defamatory?

A

Munro v Brown (curling). Fraser v Mirza (racist cop).

20
Q

Which case shows us claiming someone has STI is defamatory?

A

Oyston v Ragozzino

21
Q

Ridicule? Banter?

A

Berkoff v Burnehill. Macleod v Newsquest Ltd

22
Q

Innuendo?

A

McAlpine v Bercow

23
Q

In Rixa?

A

Christie v Robertson

24
Q

When is in Rixa not a defence?

A

When specific claim about crime or dishonest is made that would be believed by crowd.

25
Q

Which case shows vulgar abuse is not defamation?

A

Smith v ADVFN

26
Q

Identification: Would …. lead persons acquainted with P to believe that he was the person referred to

A

reasonably

27
Q

Test for identification

A

Knuppfer v London Express Newspapers

28
Q

Which case shows that communication to P alone is sufficient?

A

Ramsay v Mackay & Co

29
Q

What are the 6 defences to defamation?

A

Justification (truth), Privilege, Responsible Journalism, Fair Retort, Honest Comment and Offer of Amends.

30
Q

Which case shows that you must prove that the claims that harm the reputation must be true?

A

Sarwar v News Group Newspapers

31
Q

Qualified privilege was taken away when malice was established in which case?

A

Fraser v Mirza

32
Q

Which case is good authority on Repsonsbile Journalism and in the belief that issue was in public interest

A

Flood v Times Newspapers

33
Q

Which case from Rasay was a justified and fair retort?

A

Milne v Walker

34
Q

What is the authority on honest comment?

A

Joseph v Spiller. Comment on the facts, true facts that are in public interest.

35
Q

Who can Sue?

A

Companies, the dead (if alive when statement made). Public bodies cannot.

Obligations 1A Intentional Delicts (11 decks)

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