Defamation

• What did the ECtHR say about Art 8?

  It relates to the right to privacy
• What did s93(2) Police Act 1997 say?

  Details on surveillance authorizations
• What is a serious crime?

  A crime that poses significant harm
• Under the Police Act 1997, who can authorise bugging?

  Specified police officials
• Which section covers the independent commissioners?

  Section unspecified in the material
• Which areas are given additional protection?

  Areas unspecified in the material
• What does RIPA stand for?

  Regulation of Investigatory Powers Act
• What do sections 1, 3 & 5 say?

  Details on surveillance and authorizations
• Under s5-16 what other safeguards are there for intercepts?

  Additional protections for privacy and data
• What does s67 tell us?

  Details on admissibility of evidence
• Which evidence is inadmissible in court proceedings?

  Evidence obtained unlawfully
• What is the aim of the law of defamation?

  To protect a person's reputation
• What must a claimant prove in a defamation case?

  Defamatory statement, reference, publication
• What are the defences available in defamation cases?

  Truth, honest opinion, public interest
• What is the procedure for bringing a defamation case?

  File within one year, no legal aid
• What is the difference between libel and slander?

  Libel is permanent; slander is spoken
• What did Monson v Tussauds (1894) establish?

  Libel can occur through permanent representations
• What must a statement be to be considered defamatory?

  It must lower the claimant's reputation
• What is the significance of Sim v Stretch (1936)?

  Established the objective test for defamation
• What does the term "innuendo" refer to in defamation?

  Implied meaning beyond the literal statement
• What was held in Tolley v Fry (1931)?

  Advertising without permission can be defamatory
• What was the outcome of Cassidy v Daily Mirror (1929)?

  Implied statements can be defamatory
• What was the ruling in Charleston v NGN (1995)?

  Superimposed images were not defamatory
• What does "publication" mean in defamation law?

  Making a statement available to others
• What is the limitation period for bringing a defamation claim?

  One year from the statement
• What remedies are available in defamation cases?

  Apology, compensation, injunctions
• What does s2 DA 2013 state about truth?

  Truth is a defence against defamation
• What does s3 DA 2013 state about honest opinion?

  Honest opinion is a defence if genuine
• What does s4 DA 2013 cover regarding responsible publication?

  Defence for public interest publications
• What is qualified privilege in defamation law?

  Protection for statements made in good faith
• What is absolute privilege in defamation law?

  Protection regardless of intent to harm
• What does the offer of amends entail?

  Written apology and correction publication
• What are the remedies for defamation claims?

  Compensation, injunctions, apologies
• What are the key elements a claimant must prove in a defamation case?

  • Defamatory statement
  • Reference to the claimant
  • Publication of the statement
  • Serious harm to reputation
• What are the main defences available in defamation cases?

  • Truth
  • Honest opinion
  • Responsible publication on matters of public importance
  • Qualified privilege
  • Absolute privilege
• What are the procedures and remedies for bringing a defamation case?

  • File within one year
  • No legal aid available
  • Remedies include:
  • Apology
  • Compensation
  • Injunction
• What are the differences between libel and slander?

  • Libel: Permanent form (e.g., written)
  • Slander: Transitory form (e.g., spoken)
• What are the implications of the cases Monson v Tussauds and Cassidy v Daily Mirror?

  • Monson: Libel can occur through permanent representations
  • Cassidy: Implied statements can be defamatory
• What is the significance of the limitation period in defamation cases?

  • Claim must be filed within one year
  • Ensures timely resolution of disputes
• What does the term "publication" mean in the context of defamation law?

  • Making a statement available to others
  • Includes various forms of distribution