Defamation II - Defences & Remedies

Defamation II - Defences & Remedies - Defamation II...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
1 Defamation II Defamation Libel Slander Permanent Actionable per se Spoken words / gesture, etc. Special damage / exceptions Must be defamatory Must refer to Plaintiff Must be published to 3P Lowers reputation Plain meaning Innuendo - True / False Directly / indirectly Defamation of groups - General rule - Exception Communicated to one other person Defences to a Defamation Action Defence: justification put forward in response to an accusation or allegation Defences can be used together or in the alternative Defendant may find that one or more defences are relevant to his case Defendant has the burden of proving that defences apply
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
2 Defences Justification/Truth Fair Comment Qualified Privilege Statutory Privilege Innocent Publication Innocent Dissemination Consent Justification If people think the worse of the plaintiff when they hear the truth about him, then his reputation has only been reduced to the proper level ” – Rogers,Winfield and Jolowicz on Tort, 13 th Edn, 1989, at p 321. If allegation is true, does not matter whether defendant had ill-intentions Defendant has to prove the truth of every part of the statement – McDonald’s Corp v Steel [1995] 3 All ER 615 If statement contains two or more distinct allegations, defence will not fail: s.8 Defamation Act Justification Note that the following do not constitute truth for the purposes of this defence : that the defendant truly and honestly believes the truth of what he has published that the defendant believed the source of the statement truth of suspicious circumstances is not proof of statements accusing plaintiff of criminal offence
Background image of page 2
3 Fair Comment Not the intention of the law of defamation to inhibit freedom of speech or expression People need to have the right to free discussion, especially
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 7

Defamation II - Defences & Remedies - Defamation II...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online