Media Law: The Claimant and what must be proved

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  • Created by: Alasdaire
  • Created on: 20-03-23 15:50
Who can sue?
the availability of 'no win, no fee' means any citizen can afford to sue
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What must companies prove?
They must prove a publication has caused or is likely to cause 'serious harm' to profits
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When can local or central governments not sue?
in respect of their 'governmental and administrative functions', as this would place an undesirable fetter on freedom of speech
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When can local or central government sue?
if publication affects their property
individual councilors or officials can sue if what is published refers to them, personally
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Can unions sue?
Although not corporate bodies, union's officers can sue
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How can a publication review goods but not be defamatory?
It must not show someone has ill-suited or ill-qualified to create something
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What must the claimant prove?
1. the publication is defamatory
2. it must identify someone
3. it has been published
4. there's been a significant financial loss
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What is classed as defamatory?
any allegation, or smear which causes, or is likely to cause, serious harm to a person's reputation among honest citizens
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How does a claimant win a defamation case?
they must show that what was published has caused or is likely to cause serious harm to their reputation
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What is the test, in defamation law, to prove someone has been identified?
Whether it would reasonably lead people acquainted with them to believe they were the person referred to
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How can a photo be defamatory?
People are identified by what they look like, using the wrong photo could identify someone in a defamatory context even if they're not named
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How can blurring someone's identity increase defamation risk?
Two people could assume a publication was referring to them
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Should you name a group or one person?
If you are referring to one person in a group, fully identify that person - if it is not clear who you have identified, the whole group could sue
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How can juxtaposition be defamatory?
by placing a photograph incorrectly or using the wrong picture, if it wrongly suggests a person identified in a story
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Defamation is publication
the claimant must prove the statement was published
there is no defamation if the words are addressed in speech, however untrue
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does the amount of people published to matter?
no, a tweet to 65 people can justify a substantial 5 figure award as can publishing to 550 people
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Who are the publishers?
a person who has been defamed can sue the reporter, sub-editor, editor, publisher or broadcaster
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If you repeat a defamatory statement, can you be sued?
yes, every repetition of a libel is a fresh publication
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What is the single publication rule?
the 12 month limitation period for bringing a defamation action runs from the first time it was seen (published)
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Other cards in this set

Card 2

Front

What must companies prove?

Back

They must prove a publication has caused or is likely to cause 'serious harm' to profits

Card 3

Front

When can local or central governments not sue?

Back

Preview of the front of card 3

Card 4

Front

When can local or central government sue?

Back

Preview of the front of card 4

Card 5

Front

Can unions sue?

Back

Preview of the front of card 5
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