Defamation Libel and Slander

Defamatory Statement A defamatory statement is one which tends to lower the plaintiff in the estimation of right thinking members of society generally.(case Sim V Stretch) Defamatory Statement may be either Libel or Slander Libel – a defamatory statement in a permanent form e.g. written words in newspaper Slander – a defamatory statement in a transient form e.g. spoken words, gesture.

Elements of Defamation The plaintiff must prove: The statement was defamatory. (Lord Atkin in Sim v Stretch 1936, Statement satisfying Lord Atkin test Youssoupoff v M.G.M. Pictures Ltd 1934, Statement not defamatory if the person suffers in only a section of community where majority of community would approve his action. Byrne v Deane 1937, An innuendo may be required if the words used are not prima facie defamatory. Tolley v J.S. Fry and sons Ltd. 1931, Cassidy v Daily Mirror 1929)

Elements of Defamation The statement refers to the plaintiff. The plaintiff need not necessarily be named (J’anson v Stuart 1789, It is no defence to say the defendant did not intend to refer to the plaintiff except when unintentional defamation is successful. Hulton v Jones 1910, Newstead v London Express 1939) The statement was published to a third party. Person not liable if publication occurs only as a result of an act which is not reasonably foreseeable. Two or more persons may be responsible for the same publications for example, the author, printer, publisher and bookseller.

Defamation Libel is actionable per se – the law presume damages was done. There should be an award of general damages by way of compensation. British Guinna rice Marketing Board V Peter Taylor and Co Ltd. If plaintiff can proof he suffered actual loss then he should be awarded special damages.

Defamation Slander is not actionable per se unless: It imputes a crime punishable by imprisonment It imputes certain existing diseases, such as venereal disease or Aids. It imputes unchastity, adultery, or lesbianism in a woman It is calculated to damage the plaintiff in any office, trade, or profession held or carried on by him. the plaintiff must show the he has suffered actual material or temporal loss. Sunanan v Ramkerising

Defence to Defamation Justification – This is a complete defence. The defendant must prove its truth for the plaintiff claim to be defeated. (Small v the Gleaner co. Ltd.)

Defence to Defamation Fair Comment – when there is a matter of public interest It is a comment of opinion and not fact. British Guina Rice Marketing Board v Peter Taylor and Co. Ltd. Comments must be based on true facts (Soltysik v Julien) Comment must be honestly made (genuine) Comment must not be actuated by malice (Clapham v Daily Chronicles) Comment must be on a matter of public interest.

Qualified Privileges This will be available in the following situations, as long as the statement was not published more widely than necessary and provided it was not motivated by malice Statement is under a legal, social or moral duty to make the statement to a third party and he has an interest in receiving it. (Watt v Longsdon 1930) For fair and accurate reports of judicial or parliamentary proceedings, whether or not they are in a newspaper. For fair and accurate reports in a newspaper or broadcast on various matters, such as public meetings. (including monthly publications. For professional statements between solicitor and client.

Absolute Privilege No action lies for defamation, however, false or malicious the statement, if it is made:. In Parliament In Parliamentary papers In the course of state communications In judicial proceedings In newspaper reports of judicial proceeding if they are fair, accurate. (newspaper includes weekly but not monthly publications)