Chapter 17 Defamation Annotated Problem Question PDF
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Summary
This document outlines a problem question analyzing defamation issues within a fashion and TV magazine. It discusses the claims of the magazine against its subjects, the issue of truth, and the applicable defenses. The question explores relevant case law, specifically referring to reasoning found in Charleston and O'Shea.
Full Transcript
What is it that is defamatory here? Defamation annotated problem question Think about why...
What is it that is defamatory here? Defamation annotated problem question Think about why the magazine does not mention why In the Hood, a weekly fashion and TV magazine, is famous for its celebrity ‘scoops’. This the chef is buying week’s issue includes the following stories: the unhealthy snack. ‘TV CHEF IN JUNK FOOD SHAME!’—a two-page story about a TV chef, who prides her- Remember that s 1 of self on her healthy recipes, and who has been spotted buying an unhealthy snack in her the Defamation Act 2013 requires the local supermarket. In fact, she was accompanied by a film crew and was buying it for the statement to reach a new series of her show. The article does not mention this. ‘seriousness’ threshold. ‘EXPLOITED FOR THE SAKE OF FASHION’—a four-page feature in which claims are made about Rack and Horse Design, a designer clothing company. The article suggests Will In the Hood that the company is: have to establish the truth of all these exploiting its shop workers in the UK by paying below minimum wages; claims in order to destroying the environment through its continued use of highly toxic dyes; rely on the defence of truth (Defamation forcing workers in the developing world to work in ‘inhumane and degrading’ Act 2013, s 2)? conditions. Could the defence of honest opinion apply ‘BOOZED-UP & KICKED OUT’—a photo spread (accompanied by brief captions) of here (Defamation Act ‘celebrities’ appearing worse for wear after a night out. Underneath the headline—but 2013, s 3)? in much smaller print—there is an explanation that these are staged photos using celeb- rity look-a-likes. Advise In the Hood’s editor as to the magazine’s potential liability in the tort of defamation. You should first Compare Charleston consider whether v News Group each of the claims Newspapers Ltd is capable of being —do you think defamatory before the reasoning in this considering any case is likely to be applicable defences, if applied? Is O’Shea necessary. a closer analogy? If not, why not?
