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Defamation
Fichas del conjunto (19)
- 1What is the statutory definition of defamation?there isn't one, the courts decide on case by case
- 2what is libel?anything that is writeen, broadcasts are also libel as they are permanent.
- 3what is slander?transient and spoken
- 4what does common law say about what defamation is?an imputation -
- which is likely to lower the person in estimation of right thinking people
-whit injuries a persons reputation, by exposing them to haterid, contempt or ridicule
-which intends to make a person be shunned or avoided - 5what does s1 of the defamation act state?there needs to be serious harm
- 6does the intention of the author matter?no
- 7what does right thinking people mean?society in general, not just a group of right thinking people
- 8what must the claimant show?if it was an innideno this can be true or false
it was aimed at them
it was addressed to a 3rd party
juxtaposision - the publication as a whole
type of publication - pictures, photos and tweets, cartoons - can also be defamatory - s15 defamation act 2013 - 9what was established in rothschild v associated press 2012?meaning of a defamatory statement must be understood as such by a hypothetical reasonable reader
- 10how do the courts measure the standard?jeynes v news magazines ltd 2008 - no defamation, fact he flied to russia was a fact. reasonable reader would percieve it as bribery - what was published was substantially true - no loss of reputation
- 11what is the single publication rule?s8 defamation act - only protects the individual who published the material after the one year period has expired
- 12who does the burden of proof fall on?onus falls on the D to prove that it is true
- 13what is the substantial trust?s 2 defamation act - replace definition of justification - required that the statement is substantially true
- 14what was established in wall street journalthey called harrods the eron of britain as a reply to april fools joke - not a joke, libel was found
- 15what happened in hilton v jones?-joke made about ficticious person called Jones - man called jones sued for libel - intention of author is irrelevant - statement was defamatory
- 16what happened in dwek v mcmillan publishers ?photo of c next to prostitute, had defamatory meaning. - whole action and caption needs to be taken into account
- 17what about if the image if photoshopped?- charleston v news group newspapers - no libel found as the image is photoshopped.
- 18what was established in oshea v mgn?libel not found for sunday times call girl, claim brought by girl that looked like her - not found as reasonable reader reading the whole and seeing the picture would not conclude it to be the C
- 19what is malicious falsehood?it c can prove quantifiable financial damage - can claim
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- Fichas sobre Defamation, creado por jenniferacossey el 18/05/2015.
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- jenniferacossey
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