A published or spoken statement which harms the reputation of a person, company or an organisation.
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What is a tort?
A civil wrong for which monetary damages can be awarded.
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If defamatory words are said in public what is that called?
Slander
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In England what are the 5 ways someone can see of a defamation claim?
Truth
Honest opinion
Privilege
Innocent dissemination
Responsible publication
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Explain the truth defence
The meaning of words are factually accurate and cannot be disproved
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Explain honest opinion defence
That the words are an honestly held opinion based on analysis of facts that anyone else could also hold
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Explain the innocent dissemination defence
This protects TV channels and radio stations from being sued when a contributor unexpectedly shouts something defamatory
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Explain the responsible publication defence
Allows a journalist to argue that even if the facts they published weren't correct they were reporting something in public interest and public benefit.
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If someone believes they have been defamed in England, how long do they have to begin their case?
Within a year of publication
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How does tweeting or retweeting affect defamation?
If you tweet or retweet a defamatory statement, you will be sued
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What is the main reason, financially, libel is so dangerous for journalists?
Legal costs of defending a libel case are likely to far exceed damages
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Where does the burden of proof fall on in defamation cases?
On the defence, so the media, which is different to other civil cases
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What did the Defamation Act 2013 say about the threshold to sue?
The publication has caused or is likely to cause 'serious harm'
Or a body must show the publication has caused or is likely to cause 'serious financial loss'
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What is the single publication rule?
There is a 1 year time limit from time of publication to start proceedings for libel
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If there is a subsequent publication of statement which is substantially the same, what does the single publication rule say?
The claimant can not sue twice
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In what situation does the single publication rule not become relevant?
It doesn't apply if the subsequent publication is by a different source or it is materially different.
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Other cards in this set
Card 2
Front
What is a tort?
Back
A civil wrong for which monetary damages can be awarded.
Card 3
Front
If defamatory words are said in public what is that called?
Back
Card 4
Front
In England what are the 5 ways someone can see of a defamation claim?
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