Defamation

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What is defamation law?
Law protects individual’s reputation for an unjustified attack
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What is the definition of defamation
Defamation is the publication of a statement in written or any other permanent form, which affects the reputation of a person, company or organisation.
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Written forms of defamation
a statement, text, tweet, broadcast to third party, caused or likely to cause serious harm to reputation
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A statement is considered defamatory if the words tend to
o Cause someone to be shunned or avoided
o Lower them in the eyes of right thinking members of society
o Exposes them to hatred, ridicule or contempt
o Disparages them in their business, office, trade or profession
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Which court is Defamation dealt in?
the civil court as it is a civil wrong/tort
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What is the remedy for Defamation
You get a pay-out in damages, defence also pays their court costs
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What is the truth defence?
We can publish what we know is true, the publisher must prove that the statement is true. There is a lower standard of proof in the civil court than criminal courts where guilt must be found beyond 'reasonable doubt'.
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When was the original defamation act? When was it reformed?
1996, then in 2013 it was modernised for the online era
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Section 1 of the defamation act 2013
A statement is not defamatory unless it has caused or is likely to cause serious harm to the claimants reputation.
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If its a company rather than an individual
They must prove that the statement has caused a serious financial loss
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How much can the court award for defamation?
up to £275,000 if they win, this is equal to the highest award given to mental distress suffered in a car accident or in a medical negligence case, on top of this - have to pay court massive court costs for both sides, most organisations handle these issu
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Case Study:
Depp v Newsgroup Newspapers Ltd
Johnny depp sued the owners of the sun - labeled "wife beater. He denied. Took the publisher to the high court. Newsgroup newspapers called his former wife amber heard as a witness in their defence, judge decided that the statement was defamatory and had
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Lawyers used by media organisations
National newspapers and tv stations employ in-house lawyers – check their content if its defamatory
Regional media cannot afford this, seek legal advice when required
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Libel
written statement, permanently published, newspaper article, book, broadcast recording, internet
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Slander
defamation in a spoken form, untrue or unfair statement from word of mouth
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Other cards in this set

Card 2

Front

What is the definition of defamation

Back

Defamation is the publication of a statement in written or any other permanent form, which affects the reputation of a person, company or organisation.

Card 3

Front

Written forms of defamation

Back

Preview of the front of card 3

Card 4

Front

A statement is considered defamatory if the words tend to

Back

Preview of the front of card 4

Card 5

Front

Which court is Defamation dealt in?

Back

Preview of the front of card 5
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