DEFAMATION LAWS

Question 1

WHAT MAKES A STATEMENT DEFAMATORY?

Answer 1

• Expose the person to hatred, ridicule or contempt
• Cause the person to be shunned or avoided
• Lower the person in the estimation of right thinking members of the public and society generally
• Disparages the person in his/her business, trade or office or profession

Question 2

SECTION 1 OF DEFAMATION ACT 2014

Answer 2

Says that the claimant must show that a statement HAS caused OR is LIKELY to cause SERIOUS HARM to his or her reputation

If a company or organisation is suing for libel or slander then they must show that the statement complained of: HAS caused or is LIKELY to cause SERIOUS FINANCIAL LOSS

Question 3

ARTICLE 10 EUROPEAN CONVENTION OF HUMAN RIGHTS

Answer 3

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

Question 4

WHAT DOES A CLAIMANT HAVE TO PROVE?

Answer 4

Is the publication defamatory? – broadly speaking did the statement cause, or is likely to cause, serious harm to a person’s reputation

Identification – the claimant must prove the published material identifies him/her.

Publication - The statements have to be published