Defamtion Flashcards
Defamation overview
Tort-after compensation or an injunction
Is something said that damages your reputation
Defamation act 2013
Defamation stage 1
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)
Defamation stage 2
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)
Defences to defamtion
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