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11 Cards in this Set
- Front
- Back
intro
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libel and slander (special damages except: where contagious or infectious disease imputation among others) Youssoupoff v MGM pictures (film is libel) transitory v permanent |
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availability of defamation
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both parties must be alaive within 12 months (limitations act 1980 s4a) no public funding |
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elements of defamation
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lower claimant in minds of right thinking people (Charleston v News group Newspapaers 1995) about the claimant (doesn't have to be intentional Hulton v Jones) can be class cant be too large nor statement too general published - at least one other person other than claimant or defendants spouse |
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defences
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innocent publication consent justification replace by truth s2 fair comment fails if malice replaced by publication on matter of public interest s4 da unintentional (s2-4 96) privilege amended y s7 da 13 |
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remedies
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damages set by jury |
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The act
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Farrer & co argue has raised bar 2 part test, lowered claimant and caused serious harm companies - peter coe loss of reputation should be treated as tangible property fair coment - honest opinion s3 so long as other factual support at the time even if defendant doesn't know then may be that can use this defence _ peter coe? |
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modernising the law
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s5 operators of websites s8 single publication rule 12 month limit from first pub |
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libel tourism
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s9 courts can refuse jurisdiction uk or eu, lugano convention |
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jury trials
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s11 can remove jury trial more likely to accept s36 offers, reducing costs to the courts |
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s13
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order publisher to cease distribution of defamatory statement or remove it
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Concl
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issues dealt with - libel tourism, some modernisation, no jury trials, honest belief, less likely to have super injunctions problems no legal aid - freedom of expression |