Defamation

Question 1

Rule 1

Answer 1

D must make a defamatory statement

Question 2

Rule 2

Answer 2

That statement must be identifiably about P

Question 3

Rule 3

Answer 3

That statement must be communicated to P or 3rd party

Question 4

Rule 4

Answer 4

D must have no valid defence

Question 5

What is the essential defamatory statement test

Answer 5

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

Question 6

When is a statement not defamatory?

Answer 6

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

Question 7

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

Answer 7

Byrne v Deane

Question 8

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

Answer 8

Crow v Johnson

Question 9

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

Answer 9

Monson v Tusauds

Question 10

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

Answer 10

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

Question 11

What does Hulton v Jones tell us

Answer 11

That even when defamation is unintended it is still liable.

Question 12

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?

Answer 12

Stocker v Stocker and Gillick v BBC

Question 13

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

Answer 13

Charleston v News Group Newspapers

Question 14

What case shows us claims of criminality can be defamatory?

Answer 14

Wray v Associate Newspapers

Question 15

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

Answer 15

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

Question 16

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

Answer 16

Rufus v Elliot

Question 17

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

Answer 17

Cowan v Bennett

Question 18

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

Answer 18

Carol v BBC and Wilson v Bauer Media

Question 19

Which cases show us claims of professional impropriety are defamatory?

Answer 19

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

Question 20

Which case shows us claiming someone has STI is defamatory?

Answer 20

Oyston v Ragozzino

Question 21

Ridicule? Banter?

Answer 21

Berkoff v Burnehill. Macleod v Newsquest Ltd

Question 22

Innuendo?

Answer 22

McAlpine v Bercow

Question 23

In Rixa?

Answer 23

Christie v Robertson

Question 24

When is in Rixa not a defence?

Answer 24

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

Question 25

Which case shows vulgar abuse is not defamation?

Answer 25

Smith v ADVFN

Question 26

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

Answer 26

reasonably

Question 27

Test for identification

Answer 27

Knuppfer v London Express Newspapers

Question 28

Which case shows that communication to P alone is sufficient?

Answer 28

Ramsay v Mackay & Co

Question 29

What are the 6 defences to defamation?

Answer 29

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

Question 30

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

Answer 30

Sarwar v News Group Newspapers

Question 31

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

Answer 31

Fraser v Mirza

Question 32

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

Answer 32

Flood v Times Newspapers

Question 33

Which case from Rasay was a justified and fair retort?

Answer 33

Milne v Walker

Question 34

What is the authority on honest comment?

Answer 34

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

Question 35

Who can Sue?

Answer 35

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