Defemation Part 1 Flashcards
What is defemation?
Publication of a statement in written or any other permanent form, which affects reputation of person, company or organisation
When would a statement be defamatory?
1) cause someone to be shunned or avoided
2) lower them in the eyes of right-thinking member of society
3) Expose them to hatred, ridicule or contempt
4) Disgarge them in their business, trade or profession
What courts are defamation dealt in?
Civil courts
What is the truth defence of defemation
You have to prove what you are saying is true, burden on publisher to prove statement is true based on balance of probabilities
Need Lower standard of proof than within criminal courts
What is the Defemation Act?
Defemation Act 1996 reformed by DA 2013
What does S1 of DA 2013 say?
Must prove that it has caused or likely to cause serious harm to the claimants reputation
Or if company - caused or likely to cause serious financial loss
What is the highest award that can be given
£275k
Also court costs
Most media orgs settle out of court to avoid huge costs
Who do most national newspapers employ to safeguard against def?
In house media lawyers
What is the repetition rule?
Be careful - if you repeat def statement you could be sued for Defemation
Careful about lifting copies from elsewhere, even retweeting can land you in serious hot water
What happened if media org think they are going to lose?
Often settle to avoid court costs etc
This does involve paying some court costs and compensation for what was published to the claimant
An apology is read out in court and has to be published
What did coalition gov do to Defemation in 2013
Created new Defemation suits including serious harm test and the limitation period
A person has 12 months to bring action from first publication of the offending statement - this is called the limitation period
Are juries in def cases
Highly unlikely
Parties can ask for one
They are expensive
Speeds up case without one
What does judge have to decide?
If statement is defamatory
If it caused or likely to cause serious harm to the claimants reputation
Judge must consider whether or not there is any defence if all requirements are met
What is the test when thinking about the impact and meaning of words to cause Defemation
What would right-thinking members of society think about the meaning of words
What is the chilling effect?
Small newspapers and mags may not risk investigative journalism
Very expensive in terms of time and research
