Question 2- what the claimant must prove

Question 1

What does a claimant suing for libel have to prove?

Answer 1

1. the publication is defamatory-DEFAMATION
2. it may be reasonably understood to refer him/her-that is identification-IDENTIFICATION
3. it has been published to a third person -PUBLICATION

Question 2

What must the claimant prove ? identification

Answer 2

That the published material identifies him/her

Question 3

What must the claimant prove? publication

Answer 3

That the statement was published. Publication is assumed in the case of traditional media.

Question 4

What is repeating statements of others

Answer 4

Every repetition of a libel is a fresh publication and creates a fresh cause of action. This is called the repetition rule.It is no defence to say that you, the publisher, are not liable because you only repeated the words of others.

Question 5

What is the test of identification?

Answer 5

The test of identification is whether the words would be reasonably lead people who know the claimant to believe he/she is the person referred to.