DEFAMATION

Question 1

DEFAMATION

Answer 1

Defamation is the publication of something to a third party which
causes, or is likely to cause, serious harm to the claimant’s reputation

Cases must be proved on a balance of probabilities
Strength of evidence required may vary
Remedies: damages and injunctions
Defamation Act 1996

Question 2

There are two forms of defamation:

Answer 2

Libel – permanent form
Slander – not permanent form

Question 3

Defamation Act 2013:
Defences

Answer 3

• Truth
• Honest opinion
• Publication on a matter of public interest
• Operators of websites
• Privilege (absolute or qualified)
  o Peer-reviewed statement in scientific or academic journal etc
  o Reports (eg court reports etc)
  Trial to be without a jury unless the court orders otherwise