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defamation- defamation act 2013 - Coggle Diagram
defamation- defamation act 2013
Mostly used by high-profile public figures – encapsulates the struggle of problem of balancing 2 competing rights; an individuals right to privacy (Art 8) and the media’s right to freedom of expression (Art 10)
A defamatory statement is one that is ‘calculated to injure the reputation of another, by exposing them to hatred, contempt or ridicule.’ Parmiter v Coupland (1840)
Grown in importance since enactment of HRA 1998
1.slander
Means of publication The statement must be in a non-permanent form- generally spoken (but not if broadcast as then libel. A gesture can suffice
Slander requires special damage; claimant must establish some loss or harm that is quantifiable in financial terms, i.e. loss of job or damage to business interests
what sort of statement constitutes defamation -DEFAMATION ACT 2013
Section 15 – statutory definition of a ‘statement’ as, ‘words, pictures, visual images, gestures or any other method of signifying meaning.’ - very broad so statutory intruitation is being used in court.
statement must be defamatory
must be damage to someones reputation
statement must be about the cliament
statement must be published
2.libel
Means of publication The statement must in a permanent form- generally written statements but can include broadcasts.
libel is actionable per se, which means that it is the conduct which is wrong, irrespective of whether or not any harm is caused to the claimant as a result.
availability of defamation
The dead cannot bring or defend an action – both action must be alive
Under the common law - there was a right to trial by jury if not too complex under s. 69 Senior Courts Act 1981- presumption in favour of jury trial was removed by S.11 Defamation Act 2013 which provides defamation actions is to be without a jury unless the court orders otherwise - tested by Tim Yeo MP v Times Newspapers Ltd [2014] where the court refused the right to a jury
Claims must be brought within 12 months from date of action- Section 4A, Limitation Act 1980
No public funding availabl. favours those who can afford to protect their reputations
what is a defamatory statement
No single definition – case law – Sim v Stretch (1936) The courts consider whether the statement would ‘tend to lower the plaintiff in the estimation of right-thinking members of society generally.’
would the statement make ordinary, reasonable people-objective test (not friends/ family); 1. think less of individual 2. think the individual lacks ability to do job 3. avoid the individual 4. treat individual as figure of fun
Defamatory statements according to the courts
DA 2013 Section 1 (1) added a ‘serious harm’ element to the common law test – defamatory statement now only actionable if it causes serious harm (or likely to cause serious harm) to claimant’s reputation Cooke and Another v MGN Ltd (2014) What does this case demonstrate?
bryne v Deane 1937 2. volley v fry and sons ltd 3.berkoff v Churchill 1996 4. Jason Donavan v the face 1998
Claimant must establish statement refers to them
It must be proved that the ordinary, reasonable reader or listener would take the statement as referring to them. claimant can be named, or by fictional name, or a picture or context clear who it is referring to.
Newstead v London Express Newspaper Ltd (1940) CA
The defendant newspaper reported that Harold Newstead, aged 30 of Camberwell, was convicted of bigamy. Although true, another man with the same name and age brought an action for libel on the basis that it was untrue (and defamatory)in relation to him- It was held that the statement was defamatory as the reasonable person would think that the statement referred to the claimant