• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

Card Range To Study

through

image

Play button

image

Play button

image

Progress

1/11

Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

11 Cards in this Set

  • Front
  • Back
intro


what is defamation


libel and slander (special damages except: where contagious or infectious disease imputation among others)


Youssoupoff v MGM pictures (film is libel)


transitory v permanent



availability of defamation



both parties must be alaive


within 12 months (limitations act 1980 s4a)


no public funding

elements of defamation


defamatory statement (prior to act was examined by judge)


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

defences


Reynolds defence


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

remedies


damages injunction CTB v News group Newspapers super injunctions free speech issues


damages set by jury

The act


serious harm s1


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?

modernising the law

s5 operators of websites


s8 single publication rule 12 month limit from first pub

libel tourism

s9 courts can refuse jurisdiction


uk or eu, lugano convention

jury trials

s11 can remove jury trial


more likely to accept s36 offers, reducing costs to the courts

s13
order publisher to cease distribution of defamatory statement or remove it
Concl

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