Defamation
statement injures persons reputation in eyes of reasonable thinking members of society -
combined Libel and Slander
a publication of a defamatory statement concerning a person to one or more persons
Publication - to person other then himself
must be made to a 3rd party
private call or letter addressed to plaintiff - not publication
distributors of defamatory material who are not first publishers are exempt where they don't know or ought to have not known material contained libel
send material in post (postcard), may be publication
person who distributes or repeats statement
spouses have privileged communication - no publication possible
Wenman v Ash - makes statement to plaintiffs wife - amounts to a publication
Wennhak v Morgan defendant addresses defamatory material to own wife- not publication
Electronic publication
Unintentional publication - no liability proved defendant can show defendant not negligent
international publication
Godfrey v Demon Internet Ltd - an internet service provider received and stored posting on news server, plaintiff asked it be taken down, denied, - whenever it was transmitted - was defamation
Dow Jones v Gutnick - Dow Jones posted on NY website article, Gutnick lived in Australia (downloaded in Australia), Australian Court held defamation located where damage occurred - publication was when and where article was downloaded
Huth v Huth - defendant husband sent letter to wife suggesting not married, children sued for defamation, unsuccessful - butler opened letter (breached duties)
Paul v Holt - defamatory letter delivered to plaintiffs brother who lived at same address as plaintiff, brother opened letter showed it to plaintiff;s wife - accidental publication - no liability
Theaker v Richardson - plaintiff and defendant on local council, defendant sent defamatory letter to in sealed envelope - letter opened by mistake by husband - publication to plaintiffs husband a natural and probable consequence of defendant delivering letter
Inducing publication
publication can be in film, spoken, written, effegy
Tussauds plaintiff portrayed as criminal, acquitted - publication
Irish peoples Assurance - publication where proof obtained by plaintiffs agents
Jones v Brokes- hired private detectives to investigate slander, not actionable
multiple publication - only one cause of action in respect of multiple publication
defamation material
McEntee v Quinnsworth a false accusation detained suspected shoplifter dematory
Bennett v Quane - solicitor not acting in best interests of client
Curneen v Sweeney - statement that plaintiff had not actined with highest standards of his profession
Youssoupoff v MGM Supra - suggestion that plaintiff seduced by Rasputin - imputed incompetence of proffession
words must be interpreted in context
Vulgar verbal abuse - not defamatory - injures pride not reputation
Innuendo
Charlestown - soap characters photoshopped on persons having sex with dramatic headline - read with text - made it non defamatory
statement given natural and ordinary meaning or interpreted as if containing innuendo
Duffy v News Groups Newspapers - test is how ordinary man interprets meaning of the words
can be either
prme facie defamatory
prima facie innocent - plaintiff must show secondary defamatory meaning
natural and ordinary meaning - discover meaning of statements
False Innuendo - reading through lines
Fullam vAssociated Newspapers - pro footballer used right foot to stand on, implied he was incompetent gootballer
Robinson v Chambers - plaintiff churchwarden, at parish church. Defendant wrote letter recommending plaintiff be removed from office, didnt refer to Vestry when collecting
Lewis v Daily Telegraph - words defamatory in natural and ordinary meaning, despite being factually correct, normal person infers double meaning
identification
Test - reasonable person believe words referred to plaintiff
Berry v Irish Times plaintiffs name on placard enough
accidental reference - person defamed not person intended to identify - still liable
Newstead v London Express- report of bigamy trial, referred to Harold Newstead of Camberwell - that included two Newsteads - more vigilant in narrowly defining person
Morgan v Oldham Pres
Hutton v Jones - defendants defamed plaintiff , fictional article with plaintiff's name for a fictional character leading double life of churchwarden and plaboy
what reasonable person on casual reading concludes
Defaming a Class - group may sue
depends on size, gravity number of members against whom allegation is made
McSorely v Masterson - statement that some employees stealing tea and had been dismissed, dismissed employee allowed to maintain action
Le Fanu v Malcomson - jury found evidence that plaintiff's factor being attacked in article (factory in waterford)
local authorities
Manchester corporation v Williams letter to newspaper alleging corruption in council - council may sue for damage to property, but not personal reputation
Bognor Regis UDC v Campion - leaflet attacking council, had to take into account public interest be open to criticism - unless individual member had reputation injured
judge decides if statement is capable of being defamatory in law
jury decides if defamatory on facts
True Innuendo - prove by reference to intrinsic facts
Cassidy v Daily Mirror - plaintiff married to Mr Cassidy, phto appeared in newspaper announced Mr Cassidy engaged to Miss X, implied Mr Cassidy not married to plaintiff
Toll v Frys & Sons - amateur golfer depicted on chocolates, complained prostituted amateur status - defamation