40 Questions
What is the main focus of Defamation as a tort?
Interests in reputation
In a defamation case, what is the burden of proof for the claimant?
Proving the statement was defamatory and published
What is the complete defense to the tort of defamation?
Proving the statement is true
Which law applies in cases related to Defamation?
Human Rights law
According to the Defamation Act 2013, who does it aim to offer clearer protection for?
Individuals, members of the press, scientists, and academics
What aspect of defamation did S 11 DA specifically address?
Removal of presumption in favour of jury trials
What is the limitation period for filing a defamation claim?
1 year
In a defamation case, what factor solely determines liability?
Untruthfulness of the statement
In which case was the defendant held liable for causing 'real and substantial distress' and 'harm' to reputation?
Monroe v Hopkins (2017)
Which case established a new threshold that requires claimants to prove serious harm to their reputation?
Lachaux v Independent Print Ltd (2019)
What test is determined by what 'right-thinking members of society' should think?
'Reasonable person' test
Which case discussed whether describing an actor as 'hideously ugly' is defamatory?
Berkoff v Burchill (1966)
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
'Serious harm' must be proved as a threshold in which case according to Lord Justice Davis?
Lachaux v Independent Print Ltd (2019)
Which court unanimously rejected an appeal and held that serious harm needed to be proven as a matter of fact?
Supreme Court
'How should words be interpreted?' is a discussion point in which case?
'Meaning of words' case
In defamation law, True (or legal) innuendo can be described as:
Words that are innocent but become defamatory when combined with known extrinsic facts
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
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
What is popular innuendo in the context of defamation law?
Defamatory nature apparent without extrinsic facts needed
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
What distinguishes primary publishers from secondary publishers in defamation law?
Primary publishers create and issue the material, while secondary publishers distribute it
'Publication' in defamation law refers to:
Communication of the statement to at least one person other than the claimant
'Reference to claimant' in defamation cases involves:
'Sensible reader' identifying the claimant without specific naming
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.
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.
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)
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.
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.
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.
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.
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.
What is the main distinction between libel and slander?
Libel involves written statements, while slander involves spoken statements.
Which statement is true about special damage in defamation cases?
Special damage must be stated and proved in cases of slander.
In defamation law, who are the words typically assessed to have an adverse effect on?
The right-thinking members of society
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.
Under the Defamation Act 1962, what is required to establish defamation on the offending items in radio and television?
Publication in a permanent form
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.
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.
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'
Explore the fundamentals of defamation law, one of the oldest torts, focusing on interests in reputation. Learn about obtaining compensation for harm caused by untrue statements and the legal procedures involved in taking or defending defamation actions. Understand the importance of distinguishing between true and untrue statements in defamation cases.
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