T10 Defamation and Trespass

Question 1

defamation

Answer 1

> Untrue/defamatory statement purporting to be fact
Statement referred to the claimant
Communicated/published to a third person
which damages the claimant’s reputation

Question 2

defamation

Answer 2

> Untrue/defamatory statement purporting to be fact
Statement referred to the claimant
Communicated/published to a third person
which damages the claimant’s reputation

Question 3

defamation act 2013

Answer 3

(1)A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
(2)For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss

Question 4

libel v slander

Answer 4

SLANDER: transitory- e.g. spoken, gesture
in a case of slander the defamed person would also need to show that:
> suffered an actual financial loss as a result of the statement
> statements have implied that he/she has committed a criminal offence, MB: Section 8 of the rehabilitation of offenders Act1974
LIBEL: Permanent- e.g. written, sculpture, film… previously actionable per se- BUT see Lachaux v Independent print [2019]

Question 5

DEFAMATION ACT 2013- Defences

Answer 5

Truth - the statement complained of is substantially true
Honest Opinion (previously ‘Fair Comment’) i.e. that the statement complained of was a statement of
opinion.
Publication on matter of public interest
Operators of websites
Peer-reviewed statement in scientific or academic journal and reports etc protected by privilege
Privilege – absolute or qualified (NB: no malice)
NB Key changes:
- includes a requirement for claimants to show that they have suffered serious harm before suing for defamation
- removes the current presumption in favour of a jury trial
- introduces a defence of “responsible publication on matters of public interest”
- provides increased protection to operators of websites that host user-generated content, providing they comply with the procedure to enable the complainant to resolve disputes directly with the author of the material concerned

Question 6

3 types of trespass

Answer 6

> trespass to goods- the unlawful, intentional, direct interference with goods in possession of another
Trespass to land - the unlawful and unjustifiable interference with land which is in the possession of another.
Trespass to the person
- Assault - an intentional act which causes another person reasonably to apprehend immediate violence to their person
- Battery - the direct and intentional application of force to another person without their consent
- False imprisonment - the unlawful prevention of another from exercising their freedom of movement