LA3 Defamation

Give some general information about the law of Defamation

What is the definition of a defamatory statement?

How has Section 1 Defamation Act 2013 affected the definition of a defamatory statement?

What are the 4 elements of Defamation?

Element 1
What is the first thing the claimant has to prove?

Element 1
What was decided in Morgan v Odhams Press 1971?

Element 1
Newspapers 'drop hints' about who their articles refer to. Give some case examples.

Element 1
How can pixellated pictures be used to prove a statement refers to the claimant?

Element 1
Can unintended references still be defamatory?

Element 1
In regards to a defamatory statement towards a group of people, what was held in Knupffer v London Express Newspapers 1944?

Element 1
When has a statement towards a group of people been held to be defamatory?

Element 1
Can two corporations bring a defamation claim?

Element 1
What kind of organisations cannot sue for libel?

Element 2
What is the second element that a claimant has to prove?

Element 2
How has Section 1 DA affected defamation claims?

Element 2
What 3 important things were said in the Cooke case?

Element 2
How has defamation been easier to prove in the past (i.e. pre-DA 2013)?

Element 2
Which case shows the importance of assessing what a right-thinking man would think?
(Hint: illegal gambling machines in a golf club)

Element 2
If an article is a spoof/joke, how does it affect a defamation claim?

Element 2
Give an example of how a right-thinking man's attitudes towards a defamatory statement can change over time?

Element 2
What if the claimant already has a bad reputation?

Element 2
How can innuendoes be defamation?

Element 2
What was decided in Jeynes v News Magazine Ltd 2008?

Element 2
How can innocent innuendoes be defamation?

Element 2
How can the use of pictures alongside words amount to defamation?

Element 3
What is the third element that the claimant needs to prove?

Element 3
How has this element been affected by the internet and social media?

Element 3
What does Regulation 19 of the Electronic Commerce Regulations 2002 say?

Element 3
What is meant by 'vicariously liable'?

Element 3
What is the latest key case on defamation on social media?

Element 4
What are the 3 old defences?

Element 4
What defence is provided by the Defamation Act 1996?

Element 4
How has the Defamation Act 2013 affected the old defences?
What sections cover the defences?

Element 4
Explain the defence of 'truth' under Section 2?

Element 4
Explain the defence of 'honest opinion' under Section 3.

Element 4
Explain the defence of public interest under Section 4.

Element 4
Explain the defence for operators of websites under Section 5.

Element 4
Explain the defence of absolute privilege under Section 7.

Remedies
What is an 'offer of amends'?

Remedies
What is a Part 36 payment?

Remedies
What is a Part 37 payment?

Remedies
How can injunctions be used in defamation claims?

Remedies
The Claimant can be awarded general damages
How is this broken down into sub-categories?