Defamation

Defamation and Media Law Journal 7: Injunctive Relief

An injunction is a discretionary remedy where in certain limited circumstances a court may make an order that a party refrain from an intended course of action or prohibit a party from undertaking certain activity.  For example an injunction may in some circumstances be ordered by a court to restrain the publication of a defamatory newspaper article or television broadcast.

Failure to comply with an injunction renders those in breach liable to be punished for contempt of court.

Defamation and the Internet

The laws of defamation as they apply to the internet are to a large extent still in the formative stage as both legislators and the justice system scramble to keep pace with wholesale changes in the way individuals now communicate with one another and the world conducts business.

Defamation and Media Law Journal 6: Corporations

By virtue of section 9(1) of the Defamation Act 2005 Corporations formed with a view to making profit and employing 10 or more persons, and public bodies constituted under the law of any country, no longer have a right of action in defamation.  Corporations formed for a purpose other than financial gain or which employ less than 10 persons still however retain the right to sue for defamation, although unlike in the case of an individual such corporations must be able to establi

Defamation and Media Law Journal 5: Offers to Make Amends

One of the innovations with the introduction of the Defamation Act 2005 has been the offer to make amends regime.  It enables the publisher of defamatory material to make a formal offer of amends at an early stage and thereby limit or in some instances eliminate a claim of defamation.  Pursuant to the provisions of Part 3 of the Act where an individual is aggrieved by a publication, the publisher may at an early stage make an offer of amends.  The Act prescribes that such offer

Defamation and Media Law Journal 4: Common Misconceptions

Satire 

One of the common misconceptions that frequently arises in defamation matters is the mistaken belief that if words are humorous then no liability arises.  This is not always the case.  Comedy, satire, cartoons and other forms of such entertainment are all capable of bearing a defamatory meaning.  As highlighted above intention is irrelevant when determining whether words are capable of bearing a defamatory meaning.

Defamation and Media Law Journal 2: Defamation Defences

A basic understanding of the law of defamation requires some knowledge of the potential defences that apply.  In certain circumstances the law provides protection in respect of otherwise defamatory publications and accordingly some knowledge of those defences is vitally important.

A number of defences to claims for defamation are contained in the Defamation Act 2005.  However it is expressly provided in the legislation that the Act does not limit or restrict other defences or exclusions of liability.

Pages

Subscribe to RSS - Defamation