Collins on defamation / Matthew Collins QC, BA, LLB (Hons), PhD, barrister, Aickin Chambers, Melbourne, senior fellow, the University of Melbourne.

By:

Collins, Matthew

Material type: Text

TextPublication details: Oxford Oxford University Press 2014,Description: cxiv, 755 pagesISBN:

9780199673520

Subject(s):

DDC classification:

345.4202 COL.C

Contents:

Machine generated contents note: I.INTRODUCTION 1.General Introduction A.Exordium B.Objective C.Origins and Influences D.Structure of the Law of Defamation Elements of the cause of action Defences Remedies E.Human Rights and the European Convention Human Rights Act Freedom of expression Private and family life Relevance to defamation actions Ultimate balancing test F.Defamation Act 2013 Background The cause of action Other changes Commencement Statutory interpretation G.Other Sources of Law Relevance Scotland Northern Ireland Australia Canada United States Other countries H.Structure of this Book Pre-action and other preliminary considerations The cause of action for defamation Remedies and related matters European influences Conflict of laws Related causes of action Appendices 2.Preliminary Considerations A.Parties Who Can Sue Contents note continued: Natural persons Companies and trading corporations Partnerships Unincorporated associations Trade unions Elected bodies and their organs B.Parties Who Can Be Sued General rule Persons other than the author, editor, or publisher Persons domiciled outside England and Wales Deceased persons Bankrupt persons Children and protected parties Bodies corporate Foreign States and their representatives, etc C.Pre-action Protocol Letter of claim Response to letter of claim Offer to make amends Proportionality of costs Alternative dispute resolution D.Operators of Websites Introduction Notice of complaint Response to notice of complaint Poster does not wish statement to be removed E.Other Means of Tracing Makers of Defamatory Statements Norwich Pharmacal applications Other solutions F.Mode of Trial Applications for trial by jury Contents note continued: II.THE CAUSE OF ACTION FOR DEFAMATION 3.Libel and Slander A.General Principles Tests for libel and slander Slanders that are actionable per se Special damage B.Special Cases Broadcasting Act 1990 Television and radio Internet Theatrical performances C.Procedure and Practice 4.Publication A.Publication B.Proving that a Statement has been Published General principles Inferences from direct evidence Other inferences Staying proceedings as an abuse of process C.Multiple Publications of the Same Statement Common law multiple publication rule Section 8 of the Defamation Act 2013 Estimating the number of publications Defamation proceedings D.Identifying the Publication E.Publishers -General Principles Common law Section 10 of the Defamation Act 2013 Joint and several liability F.Unintentional Publishers Contents note continued: Unauthorized interception of online statements G.Intermediaries as Publishers Postal and courier services Telephone carriers Internet intermediaries H.Failure to Remove Defamatory Statements I.Republication and Repetition Republication Repetition J.Directing Attention to Defamatory Statements Responsibility of the directing party Publication by the original author K.Hyperlinks, Framing, Aggregation Publication by linking, framing, aggregation Compatibility with article 10 of the ECHR 5.Identification A.The Concept of Identification B.Identification by Name C.Unintended Identification D.Identification of Persons Not Referred to by Name Sufficient reference to the claimant Group defamation E.Identification in Other Publications Identification by the same publisher Contents note continued: Identification by another publisher F.Relevance of the Nature of the Publication 6.Defamatory Meaning A.Overview B.Defamatory Meaning at Common Law Common law tests Relationship between reputation and defamation Insults and vulgar abuse Context in which statement is made Relevance of social mores and opinions Standards of society Harm threshold C.Section 1 of the Defamation Act 2013 Serious harm threshold Relationship with common law tests of defamatory meaning D.Ascertaining the Meaning of a Statement Imputations Natural and ordinary meaning True or legal innuendos Ordinary person standard Repetition rule Single meaning rule Relevance of the nature of the publication Bane and antidote Tone and expression Gradations of meaning Inferences on inferences Indefinitely accessible publications E.Procedure and Practice Particulars of claim Contents note continued: Determination of meaning 7.Serious Harm Threshold A.Background Section 1(1) Section 1(2) B.Interpretation Seriousness Reputation Actual harm Likely harm Bodies that trade for profit Other non-natural legal persons C.Areas of Application Scope of section 1 Defamatory meaning Extent of publication and damage Prospects of vindication Common law abuse of process D.Procedure and Practice III.DEFENCES 8.Truth B.Substantial Truth of the Imputation C.Wide Imputations D.Post-Publication Events E.Repetition Rule F.Opinions and Comments G.Defendant's Intention H.Indefinitely Accessible Publications I.Partial Truth J.Polly Peck Principle Common law principles Criticisms Section 2 of the Defamation Act 2013 K.Contextual Truth L.Spent Convictions M.European Convention on Human Rights N.Procedure and Practice 9.Honest Opinion Contents note continued: A.Introduction B.First Condition C.Second Condition D.Third Condition Opinion an honest person could have held Section 3(4)(a): any fact which existed Section 3(4)(b): matters asserted in a privileged statement E.Defendant Did Not Hold the Opinion Corporate defendants Intention of the defendant F.Publishing the Opinion of Another G.Indefinitely Accessible Publications H.Imputations and the Polly Peck Principle I.Opinions on Private Matters Common law defence of fair comment Honest opinion defence J.Procedure and Practice 10.Absolute Privilege A.Introduction B.Parliamentary Proceedings and Papers Scope Questioning and impeaching proceedings C.Judicial and Quasi-Judicial Proceedings Common law principle Quasi-judicial proceedings Reports of judicial proceedings D.Officials of State E.Complaints to Police and Investigatory Agencies Contents note continued: F.Solicitors and Clients, Husbands and Wives G.Other Legislative Occasions H.Common Law Categories Not Closed I.Adoption and Repetition J.Privacy and the Ultimate Balancing Test K.Procedure and Practice 11.Duty and Interest Form of Qualified Privilege A.Forms of Qualified Privilege and Related Defences B.Reciprocity of Duty and Interest Statements of the defence Duty or interest Reciprocity of interest Extraneous or irrelevant material Mistakes C.Examples References Reporting alleged criminal behaviour Response to an attack Miscellaneous occasions Communications by and to candidates for election D.Ancillary and Attendant Privilege Publication ancillary to a privileged communication Publication by a third party E.Publication to Uninterested Persons Application to the internet F.Publication to the World at Large Contents note continued: G.Indefinitely Accessible Publications H.Malice Inferences of malice Publishing statements of others I.European Convention on Human Rights 12.Publication on Matter of Public Interest A.Context The Reynolds defence Parallel developments B.Section 4(1)(a): Matter of Public Interest Matters of public interest Statement complained of part of a statement Matter for the judge C.Section 4(1)(b): Publication in the Public Interest Genesis of section 4(1)(b) Reasonable belief Statement complained of In the public interest Editorial judgment Non-media defendants D.Reportage Reportage at common law Section 4 and reportage E.Opinions F.Spent Convictions I.Privacy and the Ultimate Balancing Test Contents note continued: 13.Fair Report Defences Forms of fair report defence Fair and accurate Extract Repetition rule does not apply Publication to uninterested persons B.Common Law Fair Report Defence C.Section 14 Defence Contemporaneity D.Section 15 Defence Form of the defence Part I of Schedule 1 Part II of Schedule 1 Public interest and the public benefit E.Malice G.European Convention on Human Rights H.Procedure and Practice 14.Peer-Reviewed Statements Genesis Relationship with other defences B.Scientific or Academic Journal Definitions C.Section 6(1) Defence: Peer-Reviewed Statements First condition Second condition Scope of the defence D.Section 6(4) Defence: Publication of Assessment Publication in the same journal Assessment of merit Contents note continued: Scientific or academic merit E.Section 6(5) Defence: Fair and Accurate Copy, Extract, Summary F.Malice Malice of others G.Publications Prohibited by Law 15.Operators of Websites B.Section 5 Defence Section 5 Regulations C.Application Statement Posted Operator of a website D.Elements of the Defence Employees and agents Moderation of statements Reposted statements E.Matters Defeating the Defence Not possible to identify poster Failure to respond to notice of complaint G.Removal of Statement 16.Innocent Dissemination B.Statutory Innocent Dissemination Section 1 defence Authors, editors, and publishers Reasonable care Absence of knowledge and negligence Section 1(5): matters to which courts must have regard Contents note continued: Employees or agents of authors, editors, and publishers C.Common Law Innocent Dissemination Elements of the defence Relationship with the section 1 defence Subordinate distributors 17.Electronic Commerce Regulations A.Genesis and Scope Information society services Mere conduits, caches, and hosts B.Regulation 17: Mere Conduits The provision Ordinary e-mail messages Bulletin board and forum postings, web pages Relationship with other principles C.Regulation 18: Caching Conditions on access to information Industry rules Actual knowledge D.Regulation 19: Hosting Hosts Awareness of facts and circumstances Negligence Unlawful information Removal of material E. Injunctions and Other Non-Pecuniary Remedies Contents note continued: F.Vertical Direct Effect of the Directive on Electronic Commerce Negligent hosts Monitoring obligations 18.Other Defences A.Consent B.Offer to Make Amends Form and content of offer Effect where offer accepted Analysis of offers Compensation C.Apology and Payment into Court 19.Limitation Period A.Limitation Period B.Extensions to the Limitation Period C.Addition of Causes of Actions and Parties D.Running of Time Common law consideration of single publication rules E.Section 8 Single Publication Rule The public and sections of the public Prior publication Subsequent publications by the same person Substantially the same Materially different manner of publication Discretion to exclude limitation period Compatibility with the ECHR IV.REMEDIES AND RELATED MATTERS 20.Non-Pecuniary Remedies A.Interim Injunctions Contents note continued: General principles Human Rights Act 1998 Defamation Act 2013 Statements about candidates for election B.Permanent Injunctions Injunctions with extraterritorial reach C.Summary of Court Judgment Section 12 of the Defamation Act 2013 Availability Effect on damages Summary of judgment Time, manner, form, and place of publication Role of the court Discretion D.Order to Remove or Cease Distribution Time of application Natural justice Breach E.Staying Proceedings Abuse of process Non-justiciability F.Summary Disposal of Defamation Actions Summary disposal procedure Summary relief Applicable principles G.Statements in Open Court 21.Damages B.Compensatory Damages Level of damages C.Aggravated Damages Aggravating circumstances D.Exemplary Damages E.Mitigation of Damages Apologies Damages already recovered or agreed, related defamation actions Bad reputation F.Appellate Interference with Damages Awards G.Joint Publishers H.Damages Awards 22.Vicarious Liability B.General Principles The employer employee relationship Scope of the employment Effect of employer prohibitions Indemnities from employees Exemplary damages Malice C.Defamation Act 2013 Section 10 23.Recognition and Enforcement of Judgments Abroad Brussels I Lugano Convention Reciprocal recognition and enforcement Intra-jurisdictional recognition and enforcement B.Enforcement of Judgments in the United States Refusals to recognize English defamation judgments Contents note continued: Declaratory judgments Libel protection legislation SPEECH Act Summary V.EUROPEAN INFLUENCES 24.Jurisprudence of the European Court of Human Rights A.Relevance Defamation actions Applications to the European Court of Human Rights Objective B.Article 10 Right to Freedom of Expression Prescribed by law Necessary in a democratic society Types of protected expression Fact and opinion Responsibility to verify facts Unlawfully obtained material Pre-eminent role of the press Form of publication Motive of the publisher Damages awards Costs Injunctive and other relief C.Article 8 Right to Respect for Private and Family Life Violations of article 8 Limits D.Article 6 Right to a Fair Hearing E.Compatibility of Defamation Law Principles and ECHR Rights Areas of compatibility Areas of incompatibility Contents note continued: Scope for arguments about incompatibility VI.CONFLICT OF LAWS 25.Jurisdiction B.Sources of Law European Union, Iceland, Norway, Switzerland Intra-United Kingdom Rest of the world C.European Union, Iceland, Norway, Switzerland Overview Domicile Jurisdiction founded on domicile Place where the harmful event occurred Joint tortfeasors Submission to jurisdiction State immunity Forum non conveniens Anti-suit injunctions D.Intra-United Kingdom E.Rest of the World Section 9 of the Defamation Act 2013 Forum non conveniens at common law Clearly the most appropriate place test 26.Choice of Law A.Sources of Law Rome II Electronic Commerce Regulations B.Double Actionability Test Phillips v Eyre Civil actionability Flexibility C.Choice of Law in Defamation Cases Contents note continued: Authorities Availability of foreign law defences Intra-United Kingdom cases D.Substance-Procedure Distinction Limitation periods Damages E.Electronic Commerce Regulations Service providers established in the United Kingdom Service providers established in other member States Relationship with Rome II 27.Proof of Foreign Law B.Judicial Notice C.Expert Evidence D.Production of Legislation or Judgments E.Defamation Actions VII.RELATED CAUSES OF ACTION 28.Criminal Libel B.Abolition C.Other Jurisdictions 29.Malicious Falsehood B.Actionable Statements C.Opinions D.Falsity and the Ascertainment of Meaning E.Identification G.Damages Actual damage Section 3 of the Defamation Act 1952 Anxiety and distress H.Limitation Period Contents note continued: I.Staying Proceedings as an Abuse of Process J.Interim Injunctions K.Ultimate Balancing Test L.Relationship between Defamation and Malicious Falsehood Statements that are not defamatory Single publication rule Threshold of seriousness Secondary publishers Publications on matters of public interest Persons domiciled abroad 30.Misuse of Private Information Context Relationship between privacy and defamation B.Breach of Confidence C.General Principles Influences Two-stage approach Pre-existing relationships Accrual of the cause of action D.First Stage: Private Information Reasonable expectation of privacy Relevance of a prior relationship Privacy codes Photographs Children Information in the public domain Inaccuracies Particular aspects of private and family life Contents note continued: E.Second Stage: Balancing Exercise Proportionality Sexual relationships Motive of the defendant Setting the record straight Exposure of crime Reliability of sources F.Interim Injunctions Relevant matters First stage: private information Second stage: balancing exercise Balance of justice Formulation Judgment of the court G.Other Remedies H.Appellate Interference I.Procedure and Practice 31.Data Protection Act 1998 B.Key Definitions C.Data Protection Principles First data protection principle -fair and lawful processing of data Other data protection principles D.Rights of Data Subjects General rights Right to compensation E.Exemptions F.Injunctions 32.Negligence B.Application and Limits Contents note continued: C.Media Defendants 33.Protection from Harassment A.Harassment B.Civil Actionability C.Harassment by Repeated Publications D.Injunctions E.Criminal Sanctions F.Harassment and Intrusion at Common Law 34.Other Complaints Mechanisms A.Ofcom B.Press Complaints Commission C.Leveson Inquiry Recommendations Draft Royal Charters.

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Includes bibliographical references and index.

Machine generated contents note: I.INTRODUCTION
1.General Introduction
A.Exordium
B.Objective
C.Origins and Influences
D.Structure of the Law of Defamation
Elements of the cause of action
Defences
Remedies
E.Human Rights and the European Convention
Human Rights Act
Freedom of expression
Private and family life
Relevance to defamation actions
Ultimate balancing test
F.Defamation Act 2013
Background
The cause of action
Other changes
Commencement
Statutory interpretation
G.Other Sources of Law
Relevance
Scotland
Northern Ireland
Australia
Canada
United States
Other countries
H.Structure of this Book
Pre-action and other preliminary considerations
The cause of action for defamation
Remedies and related matters
European influences
Conflict of laws
Related causes of action
Appendices
2.Preliminary Considerations
A.Parties Who Can Sue
Contents note continued: Natural persons
Companies and trading corporations
Partnerships
Unincorporated associations
Trade unions
Elected bodies and their organs
B.Parties Who Can Be Sued
General rule
Persons other than the author, editor, or publisher
Persons domiciled outside England and Wales
Deceased persons
Bankrupt persons
Children and protected parties
Bodies corporate
Foreign States and their representatives, etc
C.Pre-action Protocol
Letter of claim
Response to letter of claim
Offer to make amends
Proportionality of costs
Alternative dispute resolution
D.Operators of Websites
Introduction
Notice of complaint
Response to notice of complaint
Poster does not wish statement to be removed
E.Other Means of Tracing Makers of Defamatory Statements
Norwich Pharmacal applications
Other solutions
F.Mode of Trial
Applications for trial by jury
Contents note continued: II.THE CAUSE OF ACTION FOR DEFAMATION
3.Libel and Slander
A.General Principles
Tests for libel and slander
Slanders that are actionable per se
Special damage
B.Special Cases
Broadcasting Act 1990
Television and radio
Internet
Theatrical performances
C.Procedure and Practice
4.Publication
A.Publication
B.Proving that a Statement has been Published
General principles
Inferences from direct evidence
Other inferences
Staying proceedings as an abuse of process
C.Multiple Publications of the Same Statement
Common law multiple publication rule
Section 8 of the Defamation Act 2013
Estimating the number of publications
Defamation proceedings
D.Identifying the Publication
E.Publishers
-General Principles
Common law
Section 10 of the Defamation Act 2013
Joint and several liability
F.Unintentional Publishers
Contents note continued: Unauthorized interception of online statements
G.Intermediaries as Publishers
Postal and courier services
Telephone carriers
Internet intermediaries
H.Failure to Remove Defamatory Statements
I.Republication and Repetition
Republication
Repetition
J.Directing Attention to Defamatory Statements
Responsibility of the directing party
Publication by the original author
K.Hyperlinks, Framing, Aggregation
Publication by linking, framing, aggregation
Compatibility with article 10 of the ECHR
5.Identification
A.The Concept of Identification
B.Identification by Name
C.Unintended Identification
D.Identification of Persons Not Referred to by Name
Sufficient reference to the claimant
Group defamation
E.Identification in Other Publications
Identification by the same publisher
Contents note continued: Identification by another publisher
F.Relevance of the Nature of the Publication
6.Defamatory Meaning
A.Overview
B.Defamatory Meaning at Common Law
Common law tests
Relationship between reputation and defamation
Insults and vulgar abuse
Context in which statement is made
Relevance of social mores and opinions
Standards of society
Harm threshold
C.Section 1 of the Defamation Act 2013
Serious harm threshold
Relationship with common law tests of defamatory meaning
D.Ascertaining the Meaning of a Statement
Imputations
Natural and ordinary meaning
True or legal innuendos
Ordinary person standard
Repetition rule
Single meaning rule
Relevance of the nature of the publication
Bane and antidote
Tone and expression
Gradations of meaning
Inferences on inferences
Indefinitely accessible publications
E.Procedure and Practice
Particulars of claim
Contents note continued: Determination of meaning
7.Serious Harm Threshold
A.Background
Section 1(1)
Section 1(2)
B.Interpretation
Seriousness
Reputation
Actual harm
Likely harm
Bodies that trade for profit
Other non-natural legal persons
C.Areas of Application
Scope of section 1
Defamatory meaning
Extent of publication and damage
Prospects of vindication
Common law abuse of process
D.Procedure and Practice
III.DEFENCES
8.Truth
B.Substantial Truth of the Imputation
C.Wide Imputations
D.Post-Publication Events
E.Repetition Rule
F.Opinions and Comments
G.Defendant's Intention
H.Indefinitely Accessible Publications
I.Partial Truth
J.Polly Peck Principle
Common law principles
Criticisms
Section 2 of the Defamation Act 2013
K.Contextual Truth
L.Spent Convictions
M.European Convention on Human Rights
N.Procedure and Practice
9.Honest Opinion
Contents note continued: A.Introduction
B.First Condition
C.Second Condition
D.Third Condition
Opinion an honest person could have held
Section 3(4)(a): any fact which existed
Section 3(4)(b): matters asserted in a privileged statement
E.Defendant Did Not Hold the Opinion
Corporate defendants
Intention of the defendant
F.Publishing the Opinion of Another
G.Indefinitely Accessible Publications
H.Imputations and the Polly Peck Principle
I.Opinions on Private Matters
Common law defence of fair comment
Honest opinion defence
J.Procedure and Practice
10.Absolute Privilege
A.Introduction
B.Parliamentary Proceedings and Papers
Scope
Questioning and impeaching proceedings
C.Judicial and Quasi-Judicial Proceedings
Common law principle
Quasi-judicial proceedings
Reports of judicial proceedings
D.Officials of State
E.Complaints to Police and Investigatory Agencies
Contents note continued: F.Solicitors and Clients, Husbands and Wives
G.Other Legislative Occasions
H.Common Law Categories Not Closed
I.Adoption and Repetition
J.Privacy and the Ultimate Balancing Test
K.Procedure and Practice
11.Duty and Interest Form of Qualified Privilege
A.Forms of Qualified Privilege and Related Defences
B.Reciprocity of Duty and Interest
Statements of the defence
Duty or interest
Reciprocity of interest
Extraneous or irrelevant material
Mistakes
C.Examples
References
Reporting alleged criminal behaviour
Response to an attack
Miscellaneous occasions
Communications by and to candidates for election
D.Ancillary and Attendant Privilege
Publication ancillary to a privileged communication
Publication by a third party
E.Publication to Uninterested Persons
Application to the internet
F.Publication to the World at Large
Contents note continued: G.Indefinitely Accessible Publications
H.Malice
Inferences of malice
Publishing statements of others
I.European Convention on Human Rights
12.Publication on Matter of Public Interest
A.Context
The Reynolds defence
Parallel developments
B.Section 4(1)(a): Matter of Public Interest
Matters of public interest
Statement complained of part of a statement
Matter for the judge
C.Section 4(1)(b): Publication in the Public Interest
Genesis of section 4(1)(b)
Reasonable belief
Statement complained of
In the public interest
Editorial judgment
Non-media defendants
D.Reportage
Reportage at common law
Section 4 and reportage
E.Opinions
F.Spent Convictions
I.Privacy and the Ultimate Balancing Test
Contents note continued: 13.Fair Report Defences
Forms of fair report defence
Fair and accurate
Extract
Repetition rule does not apply
Publication to uninterested persons
B.Common Law Fair Report Defence
C.Section 14 Defence
Contemporaneity
D.Section 15 Defence
Form of the defence
Part I of Schedule 1
Part II of Schedule 1
Public interest and the public benefit
E.Malice
G.European Convention on Human Rights
H.Procedure and Practice
14.Peer-Reviewed Statements
Genesis
Relationship with other defences
B.Scientific or Academic Journal
Definitions
C.Section 6(1) Defence: Peer-Reviewed Statements
First condition
Second condition
Scope of the defence
D.Section 6(4) Defence: Publication of Assessment
Publication in the same journal
Assessment of merit
Contents note continued: Scientific or academic merit
E.Section 6(5) Defence: Fair and Accurate Copy, Extract, Summary
F.Malice
Malice of others
G.Publications Prohibited by Law
15.Operators of Websites
B.Section 5 Defence
Section 5
Regulations
C.Application
Statement
Posted
Operator of a website
D.Elements of the Defence
Employees and agents
Moderation of statements
Reposted statements
E.Matters Defeating the Defence
Not possible to identify poster
Failure to respond to notice of complaint
G.Removal of Statement
16.Innocent Dissemination
B.Statutory Innocent Dissemination
Section 1 defence
Authors, editors, and publishers
Reasonable care
Absence of knowledge and negligence
Section 1(5): matters to which courts must have regard
Contents note continued: Employees or agents of authors, editors, and publishers
C.Common Law Innocent Dissemination
Elements of the defence
Relationship with the section 1 defence
Subordinate distributors
17.Electronic Commerce Regulations
A.Genesis and Scope
Information society services
Mere conduits, caches, and hosts
B.Regulation 17: Mere Conduits
The provision
Ordinary e-mail messages
Bulletin board and forum postings, web pages
Relationship with other principles
C.Regulation 18: Caching
Conditions on access to information
Industry rules
Actual knowledge
D.Regulation 19: Hosting
Hosts
Awareness of facts and circumstances
Negligence
Unlawful information
Removal of material
E. Injunctions and Other Non-Pecuniary Remedies
Contents note continued: F.Vertical Direct Effect of the Directive on Electronic Commerce
Negligent hosts
Monitoring obligations
18.Other Defences
A.Consent
B.Offer to Make Amends
Form and content of offer
Effect where offer accepted
Analysis of offers
Compensation
C.Apology and Payment into Court
19.Limitation Period
A.Limitation Period
B.Extensions to the Limitation Period
C.Addition of Causes of Actions and Parties
D.Running of Time
Common law consideration of single publication rules
E.Section 8 Single Publication Rule
The public and sections of the public
Prior publication
Subsequent publications by the same person
Substantially the same
Materially different manner of publication
Discretion to exclude limitation period
Compatibility with the ECHR
IV.REMEDIES AND RELATED MATTERS
20.Non-Pecuniary Remedies
A.Interim Injunctions
Contents note continued: General principles
Human Rights Act 1998
Defamation Act 2013
Statements about candidates for election
B.Permanent Injunctions
Injunctions with extraterritorial reach
C.Summary of Court Judgment
Section 12 of the Defamation Act 2013
Availability
Effect on damages
Summary of judgment
Time, manner, form, and place of publication
Role of the court
Discretion
D.Order to Remove or Cease Distribution
Time of application
Natural justice
Breach
E.Staying Proceedings
Abuse of process
Non-justiciability
F.Summary Disposal of Defamation Actions
Summary disposal procedure
Summary relief
Applicable principles
G.Statements in Open Court
21.Damages
B.Compensatory Damages
Level of damages
C.Aggravated Damages
Aggravating circumstances
D.Exemplary Damages
E.Mitigation of Damages
Apologies
Damages already recovered or agreed, related defamation actions
Bad reputation
F.Appellate Interference with Damages Awards
G.Joint Publishers
H.Damages Awards
22.Vicarious Liability
B.General Principles
The employer
employee relationship
Scope of the employment
Effect of employer prohibitions
Indemnities from employees
Exemplary damages
Malice
C.Defamation Act 2013
Section 10
23.Recognition and Enforcement of Judgments Abroad
Brussels I
Lugano Convention
Reciprocal recognition and enforcement
Intra-jurisdictional recognition and enforcement
B.Enforcement of Judgments in the United States
Refusals to recognize English defamation judgments
Contents note continued: Declaratory judgments
Libel protection legislation
SPEECH Act
Summary
V.EUROPEAN INFLUENCES
24.Jurisprudence of the European Court of Human Rights
A.Relevance
Defamation actions
Applications to the European Court of Human Rights
Objective
B.Article 10 Right to Freedom of Expression
Prescribed by law
Necessary in a democratic society
Types of protected expression
Fact and opinion
Responsibility to verify facts
Unlawfully obtained material
Pre-eminent role of the press
Form of publication
Motive of the publisher
Damages awards
Costs
Injunctive and other relief
C.Article 8 Right to Respect for Private and Family Life
Violations of article 8
Limits
D.Article 6 Right to a Fair Hearing
E.Compatibility of Defamation Law Principles and ECHR Rights
Areas of compatibility
Areas of incompatibility
Contents note continued: Scope for arguments about incompatibility
VI.CONFLICT OF LAWS
25.Jurisdiction
B.Sources of Law
European Union, Iceland, Norway, Switzerland
Intra-United Kingdom
Rest of the world
C.European Union, Iceland, Norway, Switzerland
Overview
Domicile
Jurisdiction founded on domicile
Place where the harmful event occurred
Joint tortfeasors
Submission to jurisdiction
State immunity
Forum non conveniens
Anti-suit injunctions
D.Intra-United Kingdom
E.Rest of the World
Section 9 of the Defamation Act 2013
Forum non conveniens at common law
Clearly the most appropriate place test
26.Choice of Law
A.Sources of Law
Rome II
Electronic Commerce Regulations
B.Double Actionability Test
Phillips v Eyre
Civil actionability
Flexibility
C.Choice of Law in Defamation Cases
Contents note continued: Authorities
Availability of foreign law defences
Intra-United Kingdom cases
D.Substance-Procedure Distinction
Limitation periods
Damages
E.Electronic Commerce Regulations
Service providers established in the United Kingdom
Service providers established in other member States
Relationship with Rome II
27.Proof of Foreign Law
B.Judicial Notice
C.Expert Evidence
D.Production of Legislation or Judgments
E.Defamation Actions
VII.RELATED CAUSES OF ACTION
28.Criminal Libel
B.Abolition
C.Other Jurisdictions
29.Malicious Falsehood
B.Actionable Statements
C.Opinions
D.Falsity and the Ascertainment of Meaning
E.Identification
G.Damages
Actual damage
Section 3 of the Defamation Act 1952
Anxiety and distress
H.Limitation Period
Contents note continued: I.Staying Proceedings as an Abuse of Process
J.Interim Injunctions
K.Ultimate Balancing Test
L.Relationship between Defamation and Malicious Falsehood
Statements that are not defamatory
Single publication rule
Threshold of seriousness
Secondary publishers
Publications on matters of public interest
Persons domiciled abroad
30.Misuse of Private Information
Context
Relationship between privacy and defamation
B.Breach of Confidence
C.General Principles
Influences
Two-stage approach
Pre-existing relationships
Accrual of the cause of action
D.First Stage: Private Information
Reasonable expectation of privacy
Relevance of a prior relationship
Privacy codes
Photographs
Children
Information in the public domain
Inaccuracies
Particular aspects of private and family life
Contents note continued: E.Second Stage: Balancing Exercise
Proportionality
Sexual relationships
Motive of the defendant
Setting the record straight
Exposure of crime
Reliability of sources
F.Interim Injunctions
Relevant matters
First stage: private information
Second stage: balancing exercise
Balance of justice
Formulation
Judgment of the court
G.Other Remedies
H.Appellate Interference
I.Procedure and Practice
31.Data Protection Act 1998
B.Key Definitions
C.Data Protection Principles
First data protection principle
-fair and lawful processing of data
Other data protection principles
D.Rights of Data Subjects
General rights
Right to compensation
E.Exemptions
F.Injunctions
32.Negligence
B.Application and Limits
Contents note continued: C.Media Defendants
33.Protection from Harassment
A.Harassment
B.Civil Actionability
C.Harassment by Repeated Publications
D.Injunctions
E.Criminal Sanctions
F.Harassment and Intrusion at Common Law
34.Other Complaints Mechanisms
A.Ofcom
B.Press Complaints Commission
C.Leveson Inquiry
Recommendations
Draft Royal Charters.

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