Defamation Part 6 Flashcards
What other things are covered by QP?
Offices police statements
Verbal statments
Emails
Social media
Press releases
What are police statments usually used for?
To stand up stories
What other ways can you not be done for defamation?
Leave and license
Claimant already given permission for you to publish def statement
If someone agrees before hand that you can publish statement
If they say yes, you can publish
Need proof of this though, such as signed statement, verbal agreement that has been recorded via camera or audio
What is accord and satisfaction?
Formal agreement that someone has agreed not to sue beforehand
Person signed or said verbally they won’t sue
Sometime there can be financial settlement already made
What is an offer of amends?
Defendant has maker written offer to publish a suitable correction and apology
Must pay damages and legal costs
What does section 1 of Defamation Act 1996 also offer?
Provides a defence for media organaisations publishing readers comments
What do you have to do if there is a complaint?
Respond quickly!
If there is a complaint about a comment you need to take “reasonable care” to check it out and take it down ASAP if it’s inappropriate
If you dont and leave it up, defence fails
What does Section 1 also apply to?
Live broadcasts
So if someone being interviewed and they say something defamatory, as a broadcaster you have got to take “reasonable care” as soon as the interviewee starts being defamatory
Stop them, shut them up, turn off the mic etc
What regulation provides a defence which protects publishers who didn’t know a reader had posted def material?
Material has to be removed expeditiously
Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002
Also protects websites from other laws (for example S45 and SO 1992)
