Defamation

• Why is it a law?

  - Protects reputations against "unwarranted" attack

  - Considered better than the alternative

  - Balance with freedom of expression
• Libel & Slander

  Libel - A defamatory statement in permanent form (for example, written words, a drawing or a photograph) is actionable as a libel.

  Slander - A defamatory statement that is spoken or in some other transient form is actionable as a slander.
• Libel coverage


  - ie in writing in newspapers magazines etc

  - broadcast on TV or radio

  - in online publications eg news sites and blogs

  - via social media

  - eg Facebook, Twitter, YouTube etc
• Why media organisations may be reluctant to fight defamation actions

  Huge costs - Damaged might be high, but they are usually much lower than legal costs in the case. In defamation cases, as in all civil cases, if there is a trial the losing side - as well as having to pay all or most of its own legal costs - must usually pay most of the winning side's legal costs.
• Defamatory is when...

  - A statement is defamatory if it seriously harms a person's reputation

  - Exposing them to HATRED, RIDICULE or CONTEMPT, or causing them to be SHUNNED or AVOIDED

  - Lowering them in the estimation of right-thinking members of society generally

  - Disparaging them in their business, trade, office or profession

  - A defamation action must prove that the published statement has caused it, or is likely to cause it, serious financial loss, in order to meet the serious harm test
• Innuendoes & Inferences

  Innuendoes - An innuendo in the law of defamation is a statement which seems to be innocuous to some people but is defamatory to people with special knowledge.

  Inferences - An inference is a statement with a secondary meaning which can be understood by someone without special knowledge who 'reads between the lines in the light of his general knowledge and experience of worldly affairs'.
• Allegations

  - A direct allegation affecting reputation can lead to libel action but so can an innuendo inferring wrongdoing

  - ie a hint that suggests some-on has been up to no good
• Liability

  - You don't have to originate the libel to be sued

  - So repeating an allegation is actionable

  - So beware of badly worded apologies!

  - Claimant must sue within 12 months of publication

  - Could be sued even if the defamed person is quoted

  - A balanced report won't necessarily help
• Burden of Proof

  A claimant suing for defamation has to prove that:

  - the publication is defamatory

  - it may be reasonably understood to refer to him/her - that is, 'identification'

  - it has been published to a third person

  This can be remembered as 'defamation, identification, publication.
• Group Defamation

  If a defamatory statement refers to someone as being a member of a group and includes no other identifying detail of that person, all members of the group, if it is sufficiently small, may be able to sue for defamation, even though the publisher intended to refer to only one of them.