Tort lawLesson 1 of 4 in the course Defamation, strict and vicarious liability

Defamation: Reputation, Liability, Defences, and Expression

5 flashcards · 4 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Defamation is a communication that injures another party’s reputation and causes an injury that the law may remedy. Its precise definition varies by country. Some systems focus on reputation, while others also protect interests such as dignity and honour. Defamation does not always require a false assertion under every legal tradition; the rules depend on the jurisdiction and the type of claim.

All flashcards

How does defamation law vary across legal traditions?
Its definition and scope differ by jurisdiction; some systems also protect interests such as dignity and honour.
What is qualified privilege in defamation law?
A defence that may protect good-faith communication on an occasion where information should be shared, subject to legal conditions.
What does the term *libelli famosi* refer to in Roman legal history?
Defamatory writings; the later use of the word “libel” is historically connected to this terminology.
What remedies may be available in a civil defamation claim?
Depending on the jurisdiction, remedies may include damages, an injunction, a correction, a retraction, or an apology.
What is a strategic lawsuit against public participation (SLAPP)?
Litigation that targets public participation and may be used to deter criticism through the burden of legal proceedings.

Quiz questions

  1. What protection does Article 17 of the ICCPR provide concerning reputation?Answer: Protection against unlawful attacks on honour and reputation, including a right to legal protection.
  2. In a rights-based assessment of an expression restriction, what does proportionality require?Answer: Using no more restrictive means than needed to achieve the legitimate aim.
  3. In many common-law systems, what does the truth defence require?Answer: Establishing that the allegedly defamatory factual statement is substantially true.
  4. For a US public official or qualifying public figure suing over a matter covered by the rule, what is actual malice?Answer: Knowledge that the statement was false or reckless disregard for whether it was false.

Based on the Wikipedia article Defamation, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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