X Media Law: 17 Malicious falsehood Flashcards
1
Q
what is malicious falsehood concerned with?
[1]
A
- protecting against financial damage caused by story
2
Q
what criteria for malicious falsehood?
[3]
A
- statement untrue
- statement published with malice
- statement caused / was likely to cause financial loss
3
Q
who has to prove truth in malicious falsehood?
[1]
A
- claimant has to prove it’s untrue (opposite to libel)
4
Q
how are words with double meanings dealt with?
[3]
A
- don’t just settle for an innocent meaning because one exists
- have to consider whether publication was malicious
- statement has to refer (even indirectly) to person / their business
5
Q
DEF: ‘malice’ in malicious falsehood
[2]
A
- something published without reasonable cause/excuse
- published with some kind of indirect, dishonest or improper motive
6
Q
what does the requirement of ‘malice’ guard against?
[1]
A
- honest mistakes being sued for malicious falsehood
7
Q
DEF: a legal euphemism for actual financial loss
[1]
A
- ‘special damage’
8
Q
does being alive affect malicious falsehood?
[1]
A
- nope, heirs to estate might be affected, etc.
