tort of defamation

• restriction on article 10
• 2 forms - libel and slander
• libel - permanent form (written)
• slander - transient form (spoken/gestures)
• statement must be defamatory meaning an ordinary person would think less of claimant as a result (steel and morris v mcdonalds)
• statement must identify or refer to claimant and be published to third party
• defamation act 2013 - claimants must show publication of statement caused/likely to cause serious harm, for businesses serious financial loss
• defamation act 2013 - claim for slander requires proof of special damage
• defences - s2 - truth
• defences - s3 - honest opinion
• defences - s4 - public interest to publish
• defences - s5 - internet defences, operator of website didn't publish can prove who did
• defences - s6 - peer reviewed statements in journals
• s7 - privilege - absolute (judicial/parliamentary), qualified (fair accurate reports on matter of public interest)