ABSTRACT
This chapter identifies the elements required in proving a claim in defamation and explores relevant defences that may be available. It explains the reasons for denying a general law of privacy and discusses the basis of a claim for breach of confidentiality. The chapter analyses each tort and examines the law to factual situations and reach conclusions as to liability. Defamation has undergone substantial modernisation under the Defamation Act 2013. This has changed the style of hearing, added a significant new element and also altered some of the defences as well as extending the law and the defences to new areas. The protection which can apply in other circumstances is found in the doctrine of qualified privilege. Qualified privilege has the same effect as absolute privilege in that the statement cannot be used in a court of law.
