ABSTRACT
This chapter begins with an explanation of the distinction between libel and slander and considers the circumstances in which a slander will be actionable without proof of damage. There follows a discussion of ‘what is defamatory’, including functions of judge and jury and explanation of the distinction between ‘true’ and ‘false’ innuendo. The next requirement, ‘reference to the claimant’ is discussed with particular reference to the relevant case law on class or group defamation, and to the statutory defence of ‘unintentional defamation’. The chapter continues with the requirement of ‘publication’, including the effects of repetition, innocent dissemination, the ‘triviality’ defence, and liability of internet service providers. This is followed by a discussion of the defences to liability: justification (‘truth’), fair comment, absolute privilege, and qualified privilege (including the Reynolds defence). The chapter concludes with an account of assessment of damages in defamation actions.
