what are the two human rights that have to be balanced by the courts
article 10- the right to freedom of expression, article 8- the right to ones reputation and private life
what are the two main types of defamation
slander and libel
what is slander?
a non permanent form of defamation e.g spoken or gestured
what is libel?
A permanent form of defamation e.g newspaper article
what must a claimant prove to have a successful claim in defamation
- The statement is defamatory and has caused serious harm to ones reputation
- The statement is in reference to the claimant
- The statement was published
Is there a written statutory definition for a defamatory statement
no, the definition is found through the case law of Slim v stretch
what was the central question posed in Slim vs Stretch
Has the claimants reputation been adversely affected or put at risk by the statement- does it make people think less of the claimant.
According to slim vs Stretch what constitutes a defamatory statement
When an ordinary, reasonable person would think less of the claimant, think they are incompetent of completing their job, avoid them, or treat them as a figure of fun.
which cased affirmed that vulgar abuse does not constitute defamation
Parkin’s v Scott - insults spoken in the heat of the moment do not constitute as defamatory
what must a claimant prove under section 1 of the Defamation Act 2013
That publication has caused or is likely to cause serious harm to their reputation
which case clarified the importance and meaning of ‘serious harm’
Lacheaux v Independent Print ltd - harm must be more than minor and must have a real and substantial adverse effect.
what kind of evidence can prove serious harm
proof of damage to relationships, career, social reputation, finances - includes foreseeable damage.
how can a claimant be identified in a defamatory statement
either through express reference( name, photo) or implied reference/ innuendo ( does not have to refer directly to claimant but a reasonable person can see it does)
what case establishes that a person may be defamed even after not being explicitly named
Hulton v Jones
what were the facts of Hulton vs Jones
A newspaper published a fictional article about Artemus Jones, the real Mr Jones who shared the name, claimed people believed it to be him.
what were the outcomes/ principles outlined through the case of Hulton v Jones
Defamation can occur even if the claimant is not named directly, as long as the ordinary reasonable person believes it is in reference to them.
why is the ordinary and reasonable person test important?
because it helps the courts assess whether a typical member of the public, including acquaintances or family would understand the publication to be in reference to the claimant.
Why is Hulton v Jones still relevant today
It proves that intent is irrelevant- even if the publisher did not mean for the claimant to be referred to, it is still defamation if the ordinary reasonable person believes it to be them.
where is the requirement for publication found?
Section 1 of the defamation Act 2013
what is the definition of publication
the communication of a defamatory statement to a third party, even if that party is small
which case proves that minimal publication suffices as publication
Huth v Huth
what was the principle established in Huth v Huth
ANY communication (letter, spoken) of defamatory material that has been shared to someone other than the claimant counts as publication
can publication be satisfied even if the information was given unintentionally
yes, given to anyone other than the claimant.
what is the defense of truth in defamation
The defendant can avoid liability if they can prove that the statement is substantially true
