Defamtion Flashcards

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1
Q

Defamation overview

A

Tort-after compensation or an injunction
Is something said that damages your reputation
Defamation act 2013

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2
Q

Defamation stage 1

A

Is a defamatory statement
(Parmitter v coopland) “something which is calculated to interfere with the reputation if another by exposing them to hatred, ridicule or contempt”
Defamatory statement must cause serious harm (lachoux v independent print)
Consider
Scale of publication, evidence from publication, gravity if statement
Includes financial loss (eureco fuels v szczecin)

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3
Q

Defamation stage 2

A

A. Statement must identify the person, enough so that the reasonable person coudl work out who it is
B. statement must be published
.websites (Godfrey v demon)
.tweets (monroe v hopkins)
.blogs (crudass v adams)

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4
Q

Defences to defamtion

A

S.2 truth, main substance of article is true
S.3 honest opinion, opinion a reasonable person would also have
S.4 public interest (economou v defreitas)
Should check the statement, check their validity, role of the defendant, defendants reasonable belief
(Serafin v malkiewcz) time tone context seriousness of article

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