Defamation AO1

What are the 2 types of defamation?

Libel

Slander

What is ‘libel’ defamation?

More permanent (eg films,books,broadcasts)

What is ‘slander’ defamation?

More transient (eg spoken form)

Where does the burden lay?

The Claimant to prove that the statement was defamatory

What must C prove regarding the statement being defamatory?

• That an ordinary person would think worse of C

• The statement MUST identify C

• Has to be published to a 3rd party

• It must be likely to cause serious harm (eg financial)

What does The Defamation Act 2013 set out?

The defences

What is Section 2?

Truth: D shows that the information is substantially true (Depp)

What is Section 3?

Honest Opinion: Opinion held by an honest person based on facts at the time

What is Section 4?

Public Interest: D believes it is in the public interest; including…

• nature of sources

• attempts made to verify truth

• the extent to which D has the opportunity to comment

Internet defences:

Under innocent dissemination (internet agencies have protection)

Privilege: what are the 2 types?

Absolute Privilege

Qualified Privilege

What is an Absolute Privilege?

MP’s & Judges can speak freely in parliament/court- they cannot be sued for defamation

What is a Qualified Privilege?

Publication- fair & accurate report on a matter of public intent (eg Academics & referencing)