Restrictions, including those restrictions

Transcript:Restrictions, including those restrictions:
Restrictions, including those restrictions permitted by the European Convention on Human Rights Torts of Defamation Defamation Explain and define the law of defamation. Explain the factors a claimant must satisfy with reference to relevant cases. Explain the defences available. Explain the procedures for bringing a case. Describe the statutory provisions of the Defamation Act (1952) and (1996). Compare the old system of defamation with the provisions found in the Defamation Act (2013). Apply the law to given cases. Defamation In groups…. * Define defamation * What factors do you think a claimant would need to prove? What is Defamation Protects a person’s reputation One of the few civil actions still tried by a Jury (in some situations) Seen in the County Court and High Court No legal aid – McLibel Two case highlights a HR violation The topic focuses on Article 10 of the ECHR – freedom of expression. What is Defamation Libel – Permanent form (print) - It can be a crime Slander – Transitory form (oral/spoken) Monson v Tussauds (1894) Claimant accused of murder, “not proven” under Scots law. Tussauds company made a wax model of him with a gun in hand. * Held – it was libel as it was a permanent wax model ...Libel includes more than just “print” newspaper What the claimant needs to prove Has there been a defamatory statement? Is there references to the claimant? Has there been publication? Defamatory Statements Sim v Stretch (1936) Statement is defamatory if it lowers Claimant’s reputation In minds of right-minded people = objective test Jury decides if it is defamatory Judge must first decide whether the words are capable of bearing a defamatory meaning or bearing the innuendo that Claimant alleges Defamatory Statements Parkins v Scott (1862) Vulgar abuse or insults spoken in the heat of an argument are not defamatory as they do not reflect on a persons reputation Defamatory Statements Innuendo and implication can also amount to a defamatory statement In groups explain what is meant by an innuendo or implication Defamatory Statements Tolley v Fry (1931) HoL held that an advertisement was defamatory Showed amateur golfer with a brand of defendant’s chocolate in pocket Golfers not allowed to promote Cosmos v BBC (1996) https://www.youtube.com/watch?v=1aT5gGDA59k BBC showed a film of Cosmos holiday camp Played music in the background from Escape from Colditz, a film about a prisoner of war camp – Held defamatory. Defamatory