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Chapter

Cover Street on Torts

20. Defamation: foundational principles  

This chapter examines the foundational principles of defamation in tort law. It explains that there are two types of defamation, libel and slander, the former of which concerns ‘permanent’ and the latter of which concerns other imputations. The chapter discusses the main elements of defamatory imputation: reference, publication, and serious harm. It suggests, taking into account the defences examined in the next chapter, that liability for defamation reflects efforts to strike a balance between the interests of free speech and the preservation of one’s reputation. This chapter incorporates the provisions of the Defamation Act 2013 and analyses recent court cases exploring its provisions.

Chapter

Cover Information Technology Law

7. Defamation  

This chapter examines defamation cases arising from traditional media sites and user-generated media entries. It first provides an overview of the tort of defamation, and the issue of who is responsible and potentially liable for an online defamatory statement. The chapter looks at the Defamation Act 2013 and discusses when defences may be raised to a claim in defamation, and how online publication and republication may result in defamation. It also analyses a number of cases on tort and its defences including cases: Dow Jones v Gutnick, King v Lewis, and Jameel v Dow Jones and Riley v Murray. The chapter discusses intermediary liability, particularly the liability of internet service providers in the UK, by citing decisions on intermediary liability such as Tamiz v Google, Delfi v Estonia and MTE v Hungary as well as specific intermediary defences found in the Defamation Act 2013. The chapter concludes by discussing key social media cases such as McAlpine v Bercow and Monroe v Hopkins.

Chapter

Cover Information Technology Law

7. Defamation  

This chapter examines defamation cases arising from traditional media sites and user-generated media entries. It first provides an overview of the tort of defamation, and the issue of who is responsible and potentially liable for an online defamatory statement. It then looks at the Defamation Act 2013, considering when defences may be raised to a claim in defamation, and how online publication and republication may result in defamation. Four cases are analysed: Dow Jones v Gutnick, Loutchansky v Times Newspapers, King v Lewis, and Jameel v Dow Jones. The chapter explores intermediary liability, particularly the liability of UK internet service providers, by citing recent decisions on intermediary liability such as Tamiz v Google, Delfi v Estonia, and MTE v Hungary, as well as specific intermediary defences found in the Defamation Act 2013. The chapter concludes by discussing key social media cases such as McAlpine v Bercow and Monroe v Hopkins.

Chapter

Cover Essential Cases: Tort Law

Lachaux v Independent Print Ltd and others [2019] 3 WLR 18  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lachaux v Independent Print Ltd and others [2019] 3 WLR 18. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Stocker v Stocker [2019] UKSC 17  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stocker v Stocker [2019] UKSC 17. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Lachaux v Independent Print Ltd and others [2019] 3 WLR 18  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lachaux v Independent Print Ltd and others [2019] 3 WLR 18. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Stocker v Stocker [2019] UKSC 17  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stocker v Stocker [2019] UKSC 17. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Ashworth's Principles of Criminal Law

16. Communication Offences  

This chapter considers a range of ‘communication’ offences. The main focus is the offence of publishing an obscene article, contrary to the Obscene Publications Act 1959, and the offences under section 127 of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988, concerned with the sending of false, indecent, or offensive messages. These offences are considered in the light of the right to free expression under Article 10 of the ECHR and the abolition of criminal defamation, and of the importance of allowing uninhibited political debate while protecting those taking part in such debate from abuse and threats.

Chapter

Cover Tort Law Concentrate

14. Defamation  

This chapter presents the tort of defamation. The tort is divided into two causes of action: libel, which concerns communications in permanent form; and slander, which concerns communications in transitory form. Libel has been actionable without proof of damage although serious harm is now a factor. Slander is actionable only with proof of damage except in two exceptional situations. The claimant must establish a defamatory statement, referring to the claimant and its publication. The primary defence to defamation is truth, and defences in this field raise issues under art 10 of the European Convention on Human Rights. The Defamation Acts 1996 and 2013 are covered, as are remedies for defamation.

Chapter

Cover An Introduction to Tort Law

12. Defamation  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter deals with the law of defamation. The basic rules of the common law of defamation state that: A is liable for saying anything to C about B which would be apt to make an average citizen think worse of the latter. In principle, B can sue A without having to show that what A said was false, that it caused him any harm, or that A was at any way at fault in saying it. The chapter distinguishes between what is ‘defamatory’ and what is not. It discusses the liability for the act of communication is called ‘publication’. It also considers defences: to apparent allegations of fact, the only defences are truth (called ‘justification’) and privilege; for statements of opinion, which cannot be false but at the most simulated, the defence is ‘fair comment on a matter of public interest’.

Chapter

Cover Tort Law

17. Defamation  

This chapter discusses the tort of defamation. This area of law has undergone significant legislative change following the enactment of the Defamation Act 2013. The chapter considers the elements to a claim in defamation and key defences, including honest opinion, publication on a matter of public interest and privilege (where the statement is made in the performance of a duty). Remedies include an injunction to prevent publication, and a permanent injunction to prevent further publication and damages.

Book

Cover Casebook on Tort Law

Kirsty Horsey and Erika Rackley

Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

Chapter

Cover Tort Law

17. Defamation  

This chapter discusses the tort of defamation. This area of law has undergone significant legislative change following the enactment of the Defamation Act 2013. Only a false statement can be defamatory. It is up to the defendant to prove that the statement is true in order to avoid liability. Defences include honest opinion, publication on a matter of public interest and privilege (where the statement is made in the performance of a duty). Remedies include an injunction to prevent publication, and a permanent injunction to prevent further publication and damages.

Chapter

Cover Tort Law Directions

15. Defences to defamation  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defences to defamation protect freedom of speech in English law. Some of the defences are ‘absolute’ while others are ‘qualified’. Absolute defence means that regardless of how careless the defendant has been in publishing the statement or whether he has been motivated by malice, he is completely protected. Qualified defence applies to a wider range of situations, but fails if the claimant can show that the statement was made ‘maliciously’. This chapter looks at the amendments to the existing defences to defamation contained in the Defamation Act 2013, and the introduction of new defences to protect operators of websites that host user-generated content are also examined.

Chapter

Cover Concentrate Questions and Answers Tort Law

10. Defamation and Privacy  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. To answer questions on defamation, students need to understand the following: categories of defamation: libel and slander; what constitutes a defamatory statement: innuendo; defences to defamation: absolute privilege and qualified privilege; the Defamation Act 2013; and offer of amends, Defamation Act 1996 sections 2–4. To answer questions on privacy, students need to understand the following: the nature of privacy; the overlap between the torts of misuse of private information, and other causes of action; trespass; negligence; the Human Rights Act 1998; and the Protection from Harassment Act 1997.

Chapter

Cover Tort Law

14. Defamation  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter deals with the actions in defamation that protect reputation, paying particular attention to the relationship between the protected interest in reputation and the competing interest in freedom of expression. It first considers relevant provisions in the Defamation Act 2013, including the ‘serious harm’ criterion, before turning to the terms of Article 10 of the European Convention on Human Rights with regard to freedom of expression, with emphasis on the so-called chilling effect. It also discusses libel and slander as well as malicious falsehood, elements of a claim in defamation, defences available to the accused, and the jurisdiction of the courts of England and Wales to hear defamation claims. The chapter concludes by looking at parties who cannot sue in defamation.

Book

Cover Tort Law
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.

Chapter

Cover Street on Torts

21. Defences and remedies in defamation  

This chapter examines the defences that can be used in defamation cases and the remedies that are available to defendants. The defences are of particular importance in this area in terms of protecting the rights and interests of both the public and the defendant (essentially permitting freedom of expression). Principal defences include consent, the assumption of risk, offer of amends, truth, honest opinion, absolute privilege, and qualified privilege. The available remedies for defamation claims are mainly damages and injunctions. This chapter incorporates a discussion of both the Defamation Act 1996 and the Defamation Act 2013 and analyses relevant court cases.

Book

Cover Information Technology Law
Information Technology Law: The Law and Society is the ideal companion for a course of study on information technology law and the ways in which it is evolving in response to rapid technological and social change. The fifth edition of this ground-breaking textbook develops its unique examination of the legal processes and their relationship to the modern ‘information society’. Charting the development of the rapid digitization of society and its impact on established legal principles, Murray examines the challenges faced with enthusiasm and clarity. Following a clearly-defined part structure, the text begins by defining the information society and discussing how it may be regulated, before moving on to explore issues of internet governance, privacy and surveillance, intellectual property and rights, and commerce within the digital sphere. The author’s highly original and thought-provoking approach to the subject also makes it essential reading for researchers, IT professionals, and policy-makers. This fifth edition includes expanded coverage of AI authorship and computer generated works, cryptocurrency, cryptoassets and blockchain technology as well as being significantly expanded to cover developments in defamation law, net neutrality, data protection, and smart contracting.

Chapter

Cover Holyoak and Torremans Intellectual Property Law

28. Tortious protection of intellectual property rights  

This chapter discusses the ways in which the common law, in the form of the law of tort, creates rights of action. It focuses on the torts of passing off and malicious falsehood, although attention is also paid to the ways in which defamation can assist. These rights are supplementary, and complementary, to the statutory formal rights. In particular, trade mark law and passing off closely overlap, although s. 2(2) of the Trade Marks Act 1994 preserves passing off as a separate cause of action.