ABSTRACT

Questions on defamation appear regularly in examination papers. Defamation is a major topic and encompasses a considerable volume of law. In practice, examiners tend to concentrate on several specific topics – notably, the defences of fair comment and qualified privilege, although students also will have to have a good grasp of the elements of liability and of the provisions of the Defamation Act 1996. Also in this chapter are questions on the publication of personal information that, although not defamatory, might be damaging or upsetting to the claimant. While there is no absolute tort of privacy in English law, common law is developing to ensure that people’s rights are protected.