Question 2 Flashcards
1
Q
Three definitions of a defamatory statement
A
- exposing them to hatred, ridicule or contempt, or causing them to be shunned or avoided
- lowering them in the estimation of right thinking members of society
- belittling the person in there business, trade, office or profession
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.
3
Q
What a claimant has to prove ?
A
- the publication is defamatory
- it may be reasonably understood to refer to them-that is “identification”
- it has been published to a third person
4
Q
three steps to remember what a claimant must prove
A
defamation, identification and publication
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.
6
Q
Why media organisations would be reluctant to fight defamation actions
A
- difficulty of proving truth
- huge damages could be awarded if trial is lost
- huge costs
- may be better to settle.