Science fiction or science fact?

Science fiction or science fact?That science and new scientific developments are a vital part of our modern society is reflected in one of the changes brought in to defamation law, by the new Defamation Act 2013. We now have a shiny new state of the art defence of qualified privilege in relation to peer-reviewed material published in scientific or academic journals. Continue reading

A penny for your thoughts.

A penny for your thoughtsHow does the defence of “Honest Opinion” offer protection from a defamation claim?

The right for a person to express their honest opinion without worrying about being sued is taken for granted by anyone lucky enough to live in a liberal democracy. You don’t need a lawyer to tell you that people should be able to express their thoughts and opinion without being sued for damages, or thrown into prison. Continue reading

Truth be told…

The new defence of truth under section 2, Defamation Act 2013

‘The truth is a beautiful and terrible thing, and should therefore be treated with great caution’. They are the wise words of Professor Dumbledore of Hogwarts fame. Whether or not it is beautiful and terrible, a new statutory defence of ‘truth’ has replaced the old defence of justification. Continue reading

You cannot be serious…?!

The new serious harm test under section 1, Defamation Act 2013

The law of defamation assists a claimant, damaged by a defamatory publication, to remedy a rubbished reputation. But just what is a defamatory publication? Right from the get go of the new Defamation Act 2013, which came into effect on 1 January 2014, it is clear that changes are afoot. Continue reading

New Year – New Defamation Act

New Year - New Defamation ActThe New Year has brought those of us operating in the field of media law, a new act; the Defamation Act 2013 which came into force on 1 January 2014. Now, call me cynical, but operating mainly on the claimant side of the media divide, I doubt very much whether many editors up and down the land made New Year resolutions to henceforth only fill their papers with accurate and important public interest information, rather than titillation and gossip. And if this is the case, the new act will have its work cut out during 2014 in seeking to achieve justice between the media on the one hand and those caught in its glare, on the other. Continue reading