Intention to Defame the Plaintiff

Question 1

Does the defendant need to intend to defame the plaintiff

Answer 1

NO, in terms of content the defendant does not need to intend to defame the plaintiff or anyone else

The question instead it what the words convey to a reasonable audience

Question 2

Hulton v Jones (1910) HL 📇

Answer 2

Facts: Satirical newspaper article about a fictional ‘Artemus Jones’, and there happened to be an Artemus Jones who used to write for the newspaper, who proved that other people thought the article was referring to him. Even though it was an accident, Artemus Jones still won the case.

Question 3

What was the rule and reasoning established in Hulton v Jones (1910) HL 📇?

Answer 3

Rule/Ratio: You don’t have to intend to defame someone

Reasoning: There is no difference between a situation where the defendant publishes something believing it to be true and publishing something not knowing that it refers to the plaintiff

AKA it is NOT a defence to say that you did not realise that the words you wrote were false and equally it is not a defence to say that you did not realise that they were about the plaintiff

Question 4

What is a defence to the rule established in Hulton v Jones (1910) HL 📇?

Answer 4

Obscurity and extremity