Karteikarten
13. Defamation
Karten in diesem Stapel (37)
- 1What must the pursuer prove to raise a successful action of defamation (4)?Publication
False
Living person
Reputation lowered - 2What does a defamatory statement not need to be in Scots law? Which case established this?Made to a third party.
Stuart v Moss - 3What does Faulks regard as a defamatory statement?If it contained matter which, in all the circumstances, would be likely to affect a person adversely in the estimation of reasonable people generally.
- 4How do you ascertain whether the words are defamatory? - Is this an objective or subjective approach?Must ascertain what meaning such words would convey to the ordinary reader.
Objective. - 5What must you consider in determining if the words in an article are defamatory?The article as a whole.
- 6What happened in Charleston v News Group Newspapers? What was the outcome?Two soap opera stars sued a newspaper for printing a picture which had there faces superimposed on two naked bodies having sex.
Held that taken as a whole the picture and article were not capable of being defamatory as the article, taken as a whole, made it quite clear that the claimants had not consented to the image. - 7What is it known as if words which are innocent in themselves bear a secondary meaning?Innuendo.
- 8What happened in Cassidy v Daily Mirror Newspapers Ltd? What was the outcome?Newspaper posted picture of man and wife with an announcement that they were engaged.
Plaintiff was well know to be married to the man in the picture.
Held it was defamatory as it suggested to readers she was not his wife but had been cohabiting immorally. - 9What is the defence of veritas?The defence of truth.
- 10What is the defence of innocent dissemination?The Defamation Act 1996 provides a defence if the defender can provide that he was not the author, editor or publisher of the matter complained of.
- 11What is the defence of absolute privilege?There are certain occasions on which it is for the benefit of the public that one should be able to speak or write freely without fear of being sued for defamation.
- 12Name 3 things which are protected by absolute privilege.Parliamentary proceedings.
Judicial proceedings.
Executive matters. - 13Why does the law allow a defence of qualified privilege?There are certain circumstances where considerations of public policy and also the interests of society dictate that statements made on certain occasions should receive protection.
- 14What is the defence of qualified privilege vitiated by?Malice on the part of the defender.
- 15Give a rough explanation of a scenario where qualified privilege would exist (2).Where A has a legal, moral or social duty to communicate a statement to B and B has an interest in receiving the statement
Where A has an interest to be protected and B is under a legal, moral or social duty to protect that interest. - 16What happened in Fraser v Mirza? What was the outcome?Member of the public made a complaint to a Chief Constable about one of his police officers.
Held to be covered by qualified privilege. - 17Who's job is it to determine if the person is under a moral or social duty to make a statement?The judge.
- 18What happened in Reynolds v Times Newspapers Ltd? - What was held?Newspaper published an article which accused the Irish PM of accusing to the Irish Parliament.
- Newspaper was covered by qualified privilege. - 19What are some of the relevant factors to be considered as set out by Reynolds (6)?Seriousness of the allegation
The nature
The source
Steps taken to verify
Urgency
Whether comment was sought from the pursuer - 20What does the Reynolds test effectively direct the courts focus on?Whether the publication was responsible rather than whether it was accurate.
- 21What is reportage?"A convenient word to describe the neutral reporting of attributed allegations rather than their adoption by a newspaper"
- 22What did the Court of Appeal hold in Roberts v Gable? What is needed to qualify for this defence (2)?There is no conflict between the repetition rule and reportage.
The report must have the effect of reporting, not the truth of the statement which was made, but rather the fact that it was made.
Must report in a fair, disinterested and neutral way. - 23What happened in Galloway v Telegraph Group Ltd? What was the outcome?Court of Appeal held that since the Telegraph had not simply neutrally reported the contents of documents found but had embraced them and even embellished them, the defence of reportage was inapplicable.
- 24What is the defence of 'protection of common interest'?Qualified privilege applies if the defamatory statement is made by the defender in order to protect a common interest which he shares with the person to whom the statement is made.
- 25What happened in Watt v Longsdon? What was the outcome?B was a foreign manager of the X Company.
B wrote to Y, who was director of the company, a letter containing gross chargers of immorality, drunkenness and dishonesty on the part of the plaintiff, who was the managing director of the company abroad.
Court of Appeal held that B's letter to Y was covered by qualified privilege as they both had a common interest in the affairs of the company. - 26In what circumstances will qualified privilege be lost (2)?Privilege is exceeded
Defender is prompted by malice - 27What is the purpose of the defence of 'fair comment'?To facilitate the freedom of expression by commenting on matters of public interest.
- 28What happened in Joseph v Spiller?Claimants emailed defendants saying "your contract ... holds no water in legal terms".
Defenders posted this email on their website.
Claimants brought libel charges, defenders claimed, inter alia, defence of fair comment. - 29What was the outcome of the Supreme Court in Joseph v Spiller? What were the requirements set out for the defence of fair comment to succeed (5)?Held in favour of the defenders.
Must be a comment
Public interest
True
Fair
Not malicious - 30What are the defences to defamation?Veritas
Absolute privilege
Qualified Privilege
Reportage
Fair Comment - 31What did Lord Atkin state in Sim v Stretch?In ascertaining if the words were defamatory one would consider whether the words would tend to lower the pursuer in the estimation of right-thinking members of society generally.
- 32What principle was stated in Russell v Stubbs regarding innuendo?The innuendo must represent what is reasonable, natural or necessary inference from the words used, regard being had to the occasion and the circumstances of their publication.
- 33What is the defence of veritas? - In which case was this held?A complete defence.
Reynolds v Times Newspapers. - 34What did Lord Scott state in Jameel v Wall Street Journal?Lord Nicholls had moulded the test to cater for the publication as a whole, as opposed to a specific individual was entitled to know.
- 35What is the critical question to be asked in reportage?Whether the public had the right to know of the relevant accusations.
- 36What happened in GKR Karate v Yorkshire Newspapers? - What was held (2)?Newspaper published article that standard of karate lessons offered were of an inferior nature.
- Held the newspaper was under a duty to publish the information
- Held that it was in the public interest to publish this information. - 37When will the court infer malice?If the defender does not believe the truth of the statement or he was reckless as to whether the statement is true or false.
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- Delict Karteikarten am 13. Defamation, erstellt von Jordan Quigley am 27/02/2018.
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