Publication Flashcards
Does defamation require publication?
Yes, duh
The statement must be ‘published’/communicated to someone other than the plaintiff
AKA a 3rd Party MUST be involved
What is a publication
“the making known the defamatory matter after it has been written to some person other than the person of whom it is written” (Pullman v Hill)
It will not be a publication if the statement is communicated straight to the person (eg sending a letter) - there must a 3rd Party
Pullman v Hill (1891) English CA 🔏
Facts: The defendant dictated a letter to his clerk, the letter was then copied down by an office boy. The letter was then sent and opened in the ordinary conduct of business by the applicant’s clerks who read it before passing it on.
What is said about carelessness in Pullman v Hill (1891) English CA 🔏
The defendant will be liable for unintentional publication unless he/she can show that was not due to any lack of care on his/her part
What is an example of NOT being careless in publication in Pullman v Hill (1891) English CA 🔏?
““if the writer of the letter locks it up in his own desk, and a thief comes in and breaks open the desk and takes away the letter and makes its contents known, Is should say that would not be a publication”
What are some examples of careless publication?
“If a person drops a document containing a defamatory statement of the street and B picks it up and reads it, then A will be liable for the publication to B because A had failed to exercise enough care in looking after the document” (Weld Blundell v Stephens – 1920 HL)
A person who speaks in such a loud voice that foreseeably, but unbeknownst to them others can overheard the defamatory statement will also be liable.
Will a person be liable if their clearly directed correspondence is read/overheard by someone else
NO, as a general rule, a person who directs correspondence or a statement to one person will not be liable if it is read/overhead by someone else
UNLESS the speaker or writer had reason to think that in the ordinary course of business the correspond would be read/overheard
