Defamation Flashcards
Rule 1
D must make a defamatory statement
Rule 2
That statement must be identifiably about P
Rule 3
That statement must be communicated to P or 3rd party
Rule 4
D must have no valid defence
What is the essential defamatory statement test
tend to lower P in the estimation of right thinking members of society generally
When is a statement not defamatory?
If it only lowers P in the estimation of certain members of society.
What case shows that being called a ‘grass’ is not defamatory?
Byrne v Deane
What case shows us that being into strikes is not defamatory?
Crow v Johnson
What case tells us defamation can be made through any medium?
Monson v Tusauds
What assumptions are made if the Sim v Stretch test is established?
That the statement is false. (this can be rebutted by proving its true). That the statement is malicious.
What does Hulton v Jones tell us
That even when defamation is unintended it is still liable.
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?
Stocker v Stocker and Gillick v BBC
What case takes the reasonable person to be discerning and understand context?
Charleston v News Group Newspapers
What case shows us claims of criminality can be defamatory?
Wray v Associate Newspapers
What cases shows us casting someone as immoral can be defamatory?
Winter v News Scotland Ltd (sex with inmates). Monroe v Hopkins (hates war dead).
What case shows us that the reasonable person would expect someone to report racism and therefore that is not defamatory?
Rufus v Elliot
What case shows us it is no longer defamatory to be called gay?
Cowan v Bennett
What cases show us that defamation for calling someone is a liar relies on the degree to which it is said?
Carol v BBC and Wilson v Bauer Media
Which cases show us claims of professional impropriety are defamatory?
Munro v Brown (curling). Fraser v Mirza (racist cop).
Which case shows us claiming someone has STI is defamatory?
Oyston v Ragozzino
Ridicule? Banter?
Berkoff v Burnehill. Macleod v Newsquest Ltd
Innuendo?
McAlpine v Bercow
In Rixa?
Christie v Robertson
When is in Rixa not a defence?
When specific claim about crime or dishonest is made that would be believed by crowd.
Which case shows vulgar abuse is not defamation?
Smith v ADVFN
Identification: Would …. lead persons acquainted with P to believe that he was the person referred to
reasonably
Test for identification
Knuppfer v London Express Newspapers
Which case shows that communication to P alone is sufficient?
Ramsay v Mackay & Co
What are the 6 defences to defamation?
Justification (truth), Privilege, Responsible Journalism, Fair Retort, Honest Comment and Offer of Amends.
Which case shows that you must prove that the claims that harm the reputation must be true?
Sarwar v News Group Newspapers
Qualified privilege was taken away when malice was established in which case?
Fraser v Mirza
Which case is good authority on Repsonsbile Journalism and in the belief that issue was in public interest
Flood v Times Newspapers
Which case from Rasay was a justified and fair retort?
Milne v Walker
What is the authority on honest comment?
Joseph v Spiller. Comment on the facts, true facts that are in public interest.
Who can Sue?
Companies, the dead (if alive when statement made). Public bodies cannot.
