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DEFAMATION - Coggle Diagram
DEFAMATION
- DEFENCES TO DEFAMATION (HONEST OPINION S3)
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- The statement contained a statement of opinion- Galloway v Telegraph Group Ltd
- The statement indicates the basis of that opinion- Spiller v Joseph
- An honest person would've held the opinion, on the basis of the fact which existed of the time the statement was expressed.
S3(5)- The defence won't apply where the C can show that the D didn't honestly hold the opinion they expressed
- "HAS THE REPUTATION BEEN ADVERSELY AFFECTED OR PUT AT RISK BY THE STATEMENT?"
A statement will be considered defamatory if reading it would make an ordinary, reasonable person:
- Think less of of the individual referred to
- Avoid the individual
- Think the individual lacks ability to do their job effectively
- Treat the person as a figure of fun
Defamation statements aren't concerned with how it made the person fell, but the impression it makes on those reading it
Jason Donovan v The Face- He successfully sued the face for saying her was gay when he portrayed himself as straight. It was held he had deceived the public about this sexuality so it was defamatory
Berkoff v Burchill- Berkoff was described as 'hideous-looking' and was compared with Frankenstein by Burchill. The court decided the article made him an object of ridicule and he was successful
- REQUIREMENT OF SERIOUS DAMAGE TO REPUTATION
S1(1) Defamation Act 2013- Introduced a requirement that the defamatory statement must have caused serious damage to the reputation
This aims to reduce the number of claims brought over insults or jokes and protests freedom of expression
Only damage to reputation is covered, media outlets can escape liability by publishing an apology
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Defamation cases require a court to balance 2 competing rights: The right of the C to protect their reputation, and the right of the D to freedom of expression
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- WHAT IS A DEFAMATORY STATEMENT?
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- DEFAMATORY STATEMENT MAY BE MADE ABOUT A GROUP OF PEOPLE
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Riches v News Group- Published an article making allegations about Banbury CID. No officers were mentioned by name but several of the group successfully sued for defamation
- DEFENCES TO DEFAMATION (TRUTH-S2)
The D can prove that the statement, however damaging to the C's reputation, is substantially true
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Stocker v Stocker- Woman posted on Facebook that her ex-husband tried to strangle her. He sued her for defamation, but the Supreme Court found in favour of the woman as it was essentially true
Under S11- Defamation actions are now tried without a jury unless ordered otherwise a judge decides the remedy
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- A STATEMENT MUST REFER TO THE C OR BE TAKEN TO REFER TO THE C
Ordinary, reasonable reader ot listener- It must be proved by the C that an ordinary, reasonable reader or listener would take the statement as referring to them
That statement can refer to the C through context- Charleston v News Group Newspaper- Actors were photo shopped into an article in sexual ways. The court held that it wasn't defamatory because the whole article showed it wasn't them
- DEFENCES TO DEFAMATION (RESPONSIBLE PUBLICATION OF A MATTER OF PUBLIC INTEREST S4)
Used to be known as the 'Reynolds defence and aims to protect the media when they responsibly report on matters of public interest
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Tolley v JS Fry and Sons Ltd- An amateur golfer's image was used to promote chocolate, the implication that he had been paid to advertise the chocolates was held as defamatory. Therefore, a defamatory statement need not directly criticise the C
- DEFENCES TO DEFAMATION (ABSOLUTE PRIVILEGE)
Statements covered by this defence can't be defamatory, this only covers the person making the statement
- Parliamentary proceedings- Hansard
- Court proceedings
- Communications between solicitor and client
- Statement to spouses
- DEFENCES TO DEFAMATION (QUALIFIES PRIVILEGE)
The defence applies to statements made in certain circumstances. It only covers if it can be proved that statement was made maliciously
Section 6- Covers statements published in scientific journals where the statement relates to a scientific or academic matter, before publication, independent 'peer review'
- DEFENCES TO DEFAMATION (OFFER TO AMENDS S2)
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