Ingredients Of Defamation Flashcards
Ingredients
Defamatory
Statement may refer to C
Statement must be published
Defamation is lowering a person’s reputation in the estimation of right- thinking people
Sim v Stretch
Causing a person to be shunned and avoided
Youssoupoff v MGM
Exposing a person to hatred, contempt or ridicule
Parmiter v Coupland
Implies failings in professional trade
Drummond-Jackson v British Medical Assoc.
Not judged by intention but by impact on right-thinking member of society
Hartt v Newsgroup Newspaper Publishing
Courts not concerned about what a section of society will think
Byrne v Dean
Homosexuality can still be defamatory
R v Bishop
Statement need not impute immorality
Youssoupoff v MGM
Derision of appearance is defamatory
Berkoff v Burchill
Defamation distinguished from words of abuse
Hillard v Constable
True innuendos capable of beating the alleged meaning to a reasonable person on the particular facts
Tolley v JS Fry and Sons Ltd
D intent as to statement irrelevant
Hulton & Co v Jones
Sloppy reporting irrelevant
Newstead v London Express Newspaper Ltd
Photo likeness not enough for liability
O’Shea v MGN
Must be pointer to C in a group
Knuppfer v London Express Newspaper Ltd
Small group may allow claim
Aspro Travel v Owners Abroad Group Plc
D liable if reasonably foreseeable third party would see statement
Theaker v Richardson
Single Publication Rule Authority
Loutchansky v Times Newspapers
S8 DA 2013
When is D liable for repetition
Authorised/requested republication
Intended republication
Informed someone who is of moral duty to repeat
Replication was probable result
Where is repeator liable
Is is an editor, author or publisher
