Defamation

Question 1

What is defamation?

Answer 1

Anything that could be damaging to the reputation.

Question 2

Slander

Answer 2

Defamatory statement, usually spoken.

Question 3

To be defamatory, must also be likely to cause serious harm

Answer 3

Company = material has caused/likely to cause serious financial loss.
Can sue for defamation.

Individual claimant = material has caused/likely to cause serious harm to reputation.
Can sue for defamation.

Question 4

Claimant

Answer 4

They don’t have to prove that the statement was false or there was any ill-intent on behalf of the publication or the broadcaster

Question 5

Libel

Answer 5

Defamatory statement made in permanent form

= print, online, broadcast etc

Question 6

Libel

Answer 6

Defamatory statement made in permanent form

= print, online, broadcast etc

Question 7

Tort

Answer 7

A civil wrong which someone is seeking to be put right by the law.
Usually seeking money damage.

Question 8

Broadcasting Act 1990

Answer 8

Statements broadcasted on TV or radio are libel

Question 9

Theatres Act 1968

Answer 9

Statements in a play are libel

Question 10

Publication

Answer 10

Does not have to be to a large audience but the third person other than claimant or their spouse/partner will be involved.

Question 11

Defences - Qualified Privilege

Answer 11

• Fair & accurate
• Applies to speeches, discussion & statement made in privileged report
• No malice
• Public meetings
• Police appeals & statements
• Public interest defence
  = covers meetings issued as an official body (parliament)

Question 12

Common Danger Areas

Answer 12

• Innuendo
• Headlines, captions & pics
• Juxtaposition
• Jigsaw identification
• Material from other publications
• Ease of publishing on social media
• Mistaken identification

Question 13

Defences - Truth

Answer 13

• Applies to statement of fact
• Must show the meaning is substantially true
• Must convince the court the statement is a balance of probabilities
• Don’t imply habitual conduct

Question 14

Defences - Absolute Privilege

Answer 14

• Day-to-day updates
• Covers on the spot court reports
• Public interest defence
• Matters in court
• Fair & balanced
• Accurate
• Contemporaneous
  = published at next available opportunity

Question 15

Defence - Honest Opinion

Answer 15

• Based on provably true facts
• Personal view
• Not a factual statement

Question 16

Defence - Online comments & live broadcasts

Answer 16

• Take reasonable care afterwards
• Prove you’re a secondary editor
  = Innocent dissemination applies in new 2013 act

Question 17

Defence - Safe harbour ruling

Answer 17

• Notice & take down procedure

- Protects host of material

Question 18

Defence - Leave & Licence

Answer 18

• Consent

- Permission & proof

Question 19

Identification

Answer 19

Writing a true story but identifying the wrong person

Question 20

Defaming groups

Answer 20

You cannot defame groups but can defame members of that group

Question 21

Dropping hints

Answer 21

Not specifically naming but widened the understanding of a potential person

Question 22

Pixellated pictures

Answer 22

Could leave details such as background, logos or clothing etc.

Question 23

Jigsaw Identification

Answer 23

Readers can put together a picture of who is being referred to

Question 24

Claimant has to prove 4 stages:

Answer 24

1. Defamation
2. Identification
3. Publication
4. Serious Harm