X Media Law: 17 Malicious falsehood Flashcards

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1
Q

what is malicious falsehood concerned with?

[1]

A
  • protecting against financial damage caused by story
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2
Q

what criteria for malicious falsehood?

[3]

A
  • statement untrue
  • statement published with malice
  • statement caused / was likely to cause financial loss
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3
Q

who has to prove truth in malicious falsehood?

[1]

A
  • claimant has to prove it’s untrue (opposite to libel)
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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
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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

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6
Q

what does the requirement of ‘malice’ guard against?

[1]

A
  • honest mistakes being sued for malicious falsehood
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7
Q

DEF: a legal euphemism for actual financial loss

[1]

A
  • ‘special damage’
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8
Q

does being alive affect malicious falsehood?

[1]

A
  • nope, heirs to estate might be affected, etc.
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