Lecture 16 – Tort Law
DEFAMATION
Defamation Act 2013 | Key Cases & Principles
1. What is Defamation?
Defamation is a tort that protects reputation but sits in tension with freedom of speech.
Significantly reformed by the Defamation Act 2013.
Definition 1 (traditional):
"Defamation is the publication of a statement which reflects on a person's reputation and
tends to lower him in the estimation of right-thinking members of society generally or tends to
make them shun or avoid him."
Definition 2 (modern test): A statement is defamatory if an ordinary, reasonable person would:
• Think less well of the person referred to
• Think the person lacked ability to do their job effectively
• Shun or avoid the person
• Treat the person as a figure of fun or object of ridicule
2. Two Types of Defamation
Type Form Proof of Damage
Libel Written / permanent (e.g. printed words, film, Actionable per se – no need to
pictures, statues, effigies) prove damage
Slander Transitory (e.g. spoken words, gestures) Usually must prove damages
3. Elements the Claimant Must Prove
The claimant must establish all four of the following:
1 Defamatory statement – tends to lower the public's estimation of the person
2 Claimant identified – a reasonable reader/listener would understand it refers to the claimant
3 Published – communicated to at least one third party
4 Serious harm to reputation – required under s.1(1) Defamation Act 2013
DEFAMATION
Defamation Act 2013 | Key Cases & Principles
1. What is Defamation?
Defamation is a tort that protects reputation but sits in tension with freedom of speech.
Significantly reformed by the Defamation Act 2013.
Definition 1 (traditional):
"Defamation is the publication of a statement which reflects on a person's reputation and
tends to lower him in the estimation of right-thinking members of society generally or tends to
make them shun or avoid him."
Definition 2 (modern test): A statement is defamatory if an ordinary, reasonable person would:
• Think less well of the person referred to
• Think the person lacked ability to do their job effectively
• Shun or avoid the person
• Treat the person as a figure of fun or object of ridicule
2. Two Types of Defamation
Type Form Proof of Damage
Libel Written / permanent (e.g. printed words, film, Actionable per se – no need to
pictures, statues, effigies) prove damage
Slander Transitory (e.g. spoken words, gestures) Usually must prove damages
3. Elements the Claimant Must Prove
The claimant must establish all four of the following:
1 Defamatory statement – tends to lower the public's estimation of the person
2 Claimant identified – a reasonable reader/listener would understand it refers to the claimant
3 Published – communicated to at least one third party
4 Serious harm to reputation – required under s.1(1) Defamation Act 2013
