Defamation

Question 1

What is stare decisis

Answer 1

stand by what is decided

Question 2

what is common law

Answer 2

published opinions in decided cases made by courts

Question 3

What does plaintiff have to prove for defamation

Answer 3

DIP: defamatory sting, Identification, publication

Question 4

What are the civil consequences for defamation

Answer 4

• damages to P to compensate or as punishment
• injunction to stop defamation
• pay P’s legal cossts

Question 5

What is defamatory sting

Answer 5

TENDS to lower reputation
intention to defame not required
can be indirect, based on non-literal meaning

Question 6

What is the objective test for sting/identification

Answer 6

ordinary reasonable right thinking person thinks it is defamatory, identifies him

Question 7

What is the significance of difference between libel and slander

Answer 7

libel: recorded, no need to prove damage to P’s reputation
slander: spoken in >2 people, need to prove monetary damage

Question 8

What are the exceptions to needing to prove monetary damage for slander?

Answer 8

criminality, disease, unfit for business, unchaste

Question 9

What are the defences for defamation

Answer 9

1. justification = truth
   - even with malice, minor inaccuracies
2. fair comment = opinion, cannot be proved true/false
   - no malice, legit public interest, be on factual basis
3. privilege = news in court/parliament
   - no malice, privilege in parliament abused can be lifted
4. unintentional defamation
   - took reasonable care
   - published innocently
   a) did not know it refer to P
   b) words not defamatory on surface

Question 10

What are D’s options besides defences

Answer 10

SAG:

1. settlement: common
2. apology: mitigate damages, often in unintentional defamation defence
3. grant P’s reply in same venue

Question 11

What is privilege in other circumstances

Answer 11

1. when D has duty to communicate
2. intended recipient has interest in it
3. D lacks malice

Question 12

Who can sue for defamation?

Answer 12

1. living individuals

2. corporations and societies

Question 13

Innocent dissemination defence applies

Answer 13

for those who are unaware of libel and have no duty to be aware of it

offline

Question 14

who can be liable online? SG and US

Answer 14

SG: network service provider not liable for content 3rd party posts
US: ISPs and social media platforms not liable even if aware of content or moderates content and still leaves up unlawful content

Question 15

how does UK defamation compare?

Answer 15

used to have plaintiff friendly jurisdiction

2013 Defamation Act

1. serious harm requirement
   - to P’s reputation. if P is corporation, likely to cause serious financial loss
   - discourage vexatious litigation
2. public interest defence
   - D’s statement on matter of public interest
   - D had reason to believe it was in public interest

Question 16

how does US defamation compare?

Answer 16

P has to prove DIPFF

Falsity and Fault

Question 17

What are US fault standards?

Answer 17

public figure: knowledge or recklessness regarding falsity

private figure: negligence

no defamation liability without fault: careful verification, fulfilled duty

Question 18

What can justification have?

Answer 18

minor inaccuracies, even with malice

Question 19

What must fair comment have?

Answer 19

opinion, cannot be proved true/false

- no malice, legit public interest, be on factual basis

Question 20

What must unintentional defamation prove?

Answer 20

1. took reasonable care
2. published innocently
   a) did not know it refer to P
   b) words not defamatory on surface

Question 21

What must privilege prove?

Answer 21

no malice, published in good faith, or privilege in parliament abused can be lifted