Defamation Lecture 12: Understanding the Basics of Defamation Law

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What is the main focus of Defamation as a tort?

Freedom of speech

Financial compensation

Interests in reputation (correct)

Preventing physical harm

In a defamation case, what is the burden of proof for the claimant?

Filing an injunction

Proving the statement was defamatory and published (correct)

Ensuring the statement is true

Suing the defendant

What is the complete defense to the tort of defamation?

Offering financial compensation

Obtaining an injunction

Claiming freedom of speech

Proving the statement is true (correct)

Which law applies in cases related to Defamation?

Human Rights law Signup and view all the answers

According to the Defamation Act 2013, who does it aim to offer clearer protection for?

Individuals, members of the press, scientists, and academics Signup and view all the answers

What aspect of defamation did S 11 DA specifically address?

Removal of presumption in favour of jury trials Signup and view all the answers

What is the limitation period for filing a defamation claim?

1 year Signup and view all the answers

In a defamation case, what factor solely determines liability?

Untruthfulness of the statement Signup and view all the answers

In which case was the defendant held liable for causing 'real and substantial distress' and 'harm' to reputation?

Monroe v Hopkins (2017) Signup and view all the answers

Which case established a new threshold that requires claimants to prove serious harm to their reputation?

Lachaux v Independent Print Ltd (2019) Signup and view all the answers

What test is determined by what 'right-thinking members of society' should think?

'Reasonable person' test Signup and view all the answers

Which case discussed whether describing an actor as 'hideously ugly' is defamatory?

Berkoff v Burchill (1966) Signup and view all the answers

The Supreme Court in Stocker v Stocker (2019) emphasized that the interpretation of words should rely on:

Context and the understanding of an ordinary reader Signup and view all the answers

'Serious harm' must be proved as a threshold in which case according to Lord Justice Davis?

Lachaux v Independent Print Ltd (2019) Signup and view all the answers

Which court unanimously rejected an appeal and held that serious harm needed to be proven as a matter of fact?

Supreme Court Signup and view all the answers

'How should words be interpreted?' is a discussion point in which case?

'Meaning of words' case Signup and view all the answers

In defamation law, True (or legal) innuendo can be described as:

Words that are innocent but become defamatory when combined with known extrinsic facts Signup and view all the answers

According to Tolley v JS Fry and Sons (1931), what made the amateur golfer's picture in an advertisement defamatory?

He was pictured without his knowledge Signup and view all the answers

What was the outcome in Cassidy v Daily Mirror Newspaper Ltd (1929) regarding Mr. Cassidy's image with a young woman?

It led to people believing the woman was Mr. Cassidy's mistress Signup and view all the answers

What is popular innuendo in the context of defamation law?

Defamatory nature apparent without extrinsic facts needed Signup and view all the answers

In Lewis v Daily Telegraph (1964), what led the courts to reject the chairman's defamation claim?

Publication as a whole presented a neutral view of the company Signup and view all the answers

What distinguishes primary publishers from secondary publishers in defamation law?

Primary publishers create and issue the material, while secondary publishers distribute it Signup and view all the answers

'Publication' in defamation law refers to:

Communication of the statement to at least one person other than the claimant Signup and view all the answers

'Reference to claimant' in defamation cases involves:

'Sensible reader' identifying the claimant without specific naming Signup and view all the answers

What was the outcome of the case Derbyshire County Council v Times Newspaper (1993)?

The local authority was unable to sue for libel due to public interest concerns. Signup and view all the answers

In the case Karpov v Browder (2013), why was the claimant not held liable for defamation by a UK-based investment fund manager?

The claimant could not establish a reputation in the UK. Signup and view all the answers

Which legal document can be invoked in a defamation action under UK law due to its incorporation in the Human Rights Act 1998?

European Convention on Human Rights (ECHR) Signup and view all the answers

What did the case Steel and Morris v UK (2005) highlight as a breach of Art 10 of the ECHR?

Denial of legal aid to campaigners for non-defamation cases. Signup and view all the answers

In the case Godfrey v Demon Internet (1999), why was the defendant held liable for defamation even though they were not the author?

They failed to take reasonable care after being asked to remove the defamatory statement. Signup and view all the answers

What was the ruling in Metropolitan International Schools Ltd v Designtechnica Corporation, Google UK and Google Inc (2009)?

Google was not liable as it had no control over the search terms or user-generated content. Signup and view all the answers

What did S 1 of the Defamation Act 1996 extend to operators of communications systems?

The principle of innocent defamation even if reasonable care is taken. Signup and view all the answers

What makes cyber-defamation difficult in terms of identifying the maker of the statement?

Operators often do not take responsibility for monitoring user-generated content. Signup and view all the answers

What is the main distinction between libel and slander?

Libel involves written statements, while slander involves spoken statements. Signup and view all the answers

Which statement is true about special damage in defamation cases?

Special damage must be stated and proved in cases of slander. Signup and view all the answers

In defamation law, who are the words typically assessed to have an adverse effect on?

The right-thinking members of society Signup and view all the answers

What is the significance of the Defamation Act 1952 regarding statements of incompetence?

It clarified that statements of incompetence need to be related to the plaintiff's professional activities. Signup and view all the answers

Under the Defamation Act 1962, what is required to establish defamation on the offending items in radio and television?

Publication in a permanent form Signup and view all the answers

What is the key difference between libel under common law and current law as per the Defamation Act?

Libel under common law was actionable per se, whereas now serious harm (or likeliness) is required. Signup and view all the answers

What implications does the Broadcasting Act 1990 have on defamation involving radio or television?

It sets regulations for defamatory words, pictures, and visual images on radio or television. Signup and view all the answers

What standard was set by the House of Lords in Sim v Stretch (1936) regarding lowering reputation?

'Lowering in the estimation of right-thinking members of society generally' Signup and view all the answers