Question 2 Flashcards

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1
Q

Three definitions of a defamatory statement

A
  1. exposing them to hatred, ridicule or contempt, or causing them to be shunned or avoided
  2. lowering them in the estimation of right thinking members of society
  3. belittling the person in there business, trade, office or profession
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2
Q

What is a defamatory statement? KEY-WILL COME UP IN EXAM

A

A defamatory statement is those published or spoken which affect the reputation of a person, company or organisation.

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3
Q

What a claimant has to prove ?

A
  1. the publication is defamatory
  2. it may be reasonably understood to refer to them-that is “identification”
  3. it has been published to a third person
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4
Q

three steps to remember what a claimant must prove

A

defamation, identification and publication

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5
Q

What is a inference ?

A

An inference is a statement with a second meaning. e.g i saw the editor leave the pub and he was swaying and speech was slurred– inference is that the editor was drunk when the term drunk was not used.

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6
Q

Why media organisations would be reluctant to fight defamation actions

A
  1. difficulty of proving truth
  2. huge damages could be awarded if trial is lost
  3. huge costs
  4. may be better to settle.
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