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9 Cards in this Set
- Front
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Berkoff v Burchill |
D described C as 'notoriously hideous looking'. Nine months later in a review of Frankenstein D said the creature looked a lot like C only 'marginally better looking' C's primary submission was that this was defamatory as D's comments would expose him to ridicule. CA (by a 2 to 1) majority said D's words were defamatory. Millet J dissented saying he could not take it seriously and that 'a decision that it is an actionable wrong to call a man 'hideously ugly' would be an unwarranted restriction on free speech.' Decision of CA suggested that in the 90s reputation clearly had more weight that freedom of speech. |
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Derbyshire CC v Times Newspapers |
HL held that public authorities could no sue in defamation as it would not be in the public interest. |
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Goldsmith v Bhoyrul
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Political parties cannot sue for defamation however individual politicians and counsellors can sue |
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Fleming |
The law of defamation seeks to protect individual reputation. Its central dilemma is how to reconcile this purpose with the competing demands of free speech. |
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Weir |
In the law of defamation we find a conflict between right and right (which gives rise to a tragic choice) |
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Distinction between slander and libel |
Slander-a more transient form of defamation e.g. spoken words, gestures Libel-defamatory statements that take a permanent of semi-permanent form |
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Actionability of slander and libel |
Libel is actionable per se (subject to S1(1) Defamation Act 2013-the 'serious harm' requirement') Slander (subject to two exceptions) requires special damage. This is loss that can be measured in Pecuniary terms. |
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Exceptions to slander requiring special damage |
1) imputation of a criminal offence punishable with imprisonment 2) Slander arising from words calculated to disparage the claimant in any office, professions, calling, trade or business held or carried on by him or her at the time of publication |
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Decision procedure for defamation |
1) defamatory meaning 2) serious harm 3) reference to the claimant 4) publication |
