Defamation Law

Paper Summary:

This essay looks at the laws of defamation in the U.K. and the ways in which they inhibit a journalist's ability to publish stories which serve the public interest. It looks at all related legislation (U.K .and European) and legal processes involved in defamation cases, what defamation is, the defences available and different criticisms of the system.

Outline
Introduction
Money, Money, Money
Innocent Until Proven Guilty, Yet False Until Proven True
Other Defences
What Harm Did it Do?
Article 10 ? A New Hope?
Conclusion

From the Paper:

"Defamation is a strict-liability tort, that is a civil wrong for which damages can be claimed whereby it is not necessary to prove intent. There are two forms of defamation, slander, the spoken form, and libel, the permanent form which includes statements made in radio and television broadcasts (under the Broadcasting Act 1990) and in a staged play (under the Theatre Act 1968) A statement is considered to be defamatory if it lowers a person in the estimation of right thinking members of society, disparages them in their profession or calling, causes them to be shunned or avoided or exposes them to hatred, ridicule or contempt."

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