Defemation Part 2 Flashcards
What is the PI defence?
S4 of DA 2013 - if defendants can show responsible journalism
What is under DA 2013 S8
Limitation rule
Claimants have 12 months after first date of publication to make action
If story appers in both print and online, limitation period runs from the date story first appeard in public
If online only, limitation period starts from the first download of a visitor to the website
What is repetition rule?
If you publish material again but alter it in a materially different way and create new meanings, 12 month limitation period starts again
If you publish something from another website which is defamatory the 12 month period starts again when you publish it
Limitation period used to be 6 years
What does the complainant have to prove
The statement was defamatory
It refered to them
Caused serious harm to their reputation
It was published
What does the claimant not have to prove?
The publisher intended to defame them
Produce an opinion poll or other material showing damage to their reputation
The allegation is false
What is an inference?
Statement with a secondary meaning which can be understood by someone reading between the lines
Eg saw my lecturer go into a pub and come out 2 hours later - she got into car and started swerving around the road (inference)
What is an innuendo?
Nod or hint towards a hidden meaning which is defamatory with someone with speacilist knowledge
I saw my friend go into the White House - many might know it’s a brothel - innuendo is that he’s visiting prostitutes
What is the test in Defemation law?
Whether published statement would ‘reasonably lead to those acquainted with the complainant to believe that he or she was the person referred to.
2000 BBC forced to pay damages to boxing coach Brendan Ingle, one of Ingles protégés said he’d been “manipulated and exploited during his early career”
Ingle said people would think he was referring to him, judge agreed.
What should you always make sure you check?
Photos, captions, names, addresses etc
Don’t identify the wrong person!
Instant Defemation
What should you not do in terms of groups and generalisation?
Don’t identify groups as you could defame more than one person
What is juxtaposition
Be careful of the layout, certain text next to images can give unwanted meanings.
Or if you take a picture of someone and use it in a story they are not related to etc (Bodyguard and Liam Gallagher)
What must words be published to in order to be complained about?
Must be published to a third party
Sometimes, if hardly anyone reads it, there is not “substantial publication”
What is the defence under S5 DA 2013
Protects website operators against defendant by users if they show they are hosting the content
But if claimant can’t identify the user or the website operator has failed to act on a notice of complaint then the website operator could be fined for libel
How are website operators protected?
If they take down comments and Posts as soon as they see them
How can apologies make matters worse?
Don’t admit anything on phone or email because then you are admitting liability
Printing apology might not stop someone from suing you
Could repeat libel when you print it, if there is a dispute between two parties you would have to publish an apology for both of them
Never offer to change a court report
