Defamation Notes

Defamation

  • Defamation is related to the protection of reputation and freedom of speech.

Key Cases

  • Banks v Cadwalladr [2022] EWHC 1417 (QB)
  • Vardy v. Rooney [2022] EWHC 2017 (QB)
  • Wright v McCormack [2022] EWHC 2068 (QB)
  • John C. Depp II v. Amber Laura Heard CL- 2019-2911
  • Erica Lafferty & Ors v Alex Jones, Connecticut Superior Court

Timeline of Defamation Elements

  • Defining Defamation
  • Establishing a Claim
  • Serious Harm and Serious Financial loss
  • Defences
  • Defamation Online

Overview of Defamation

  • Defining Defamation
  • Establishing a Claim
  • Publication
  • Refers to the Claimant
  • Defamatory Meaning
  • Who can be a Claimant?
  • Criticisms

Quick Facts About Defamation

  • Defamation is an intentional/personal tort (like battery, assault, etc.).
  • Anyone can be involved in this civil wrong.
  • It's the third element of establishing liability in negligence (duty of care, breach, causation of damage).
  • The claimant must prove the breach caused damage on the civil standard (balance of probability).
  • The Defamation Act 2013 reforms aspects of defamation law.
  • Civil law on defamation developed through common law, supplemented by statutes like the Defamation Act 1952 and the Defamation Act 1996.

The Common Law Position

  • Defamation balances protecting reputation and freedom of speech.
  • Interacts with Art. 10 ECHR (European Convention on Human Rights).

Common Law Definitions

  • A defamatory statement injures another's reputation,