February 06, 2012
For next class — Ch. 20
Quiz of the week:
“True test is whether the opinion is being made honestly by the person giving it.”
Has to be made without malice
Not very successful as a defence standing alone.
Berkoff v. Burchill (1996)
Associated Newspapers v. Burstein (2007)
Dee V. Daily Telegraph (2008)
Spiller v. Joseph (2010)
Offer of Amends
Damages often reduced than if went to a full hearing.
Nail v. News Group Newspaper (2004)
Defamation Act 1996.
If service is a mere conduit with no editorial oversight, then they are not responsible.
Problems: disincentivizes patrolling commenting channels
Defence of Privilege
Defamation act 1996 — statutory privilege
When reporting courts, parliaments or councils, it’s subject to privilege set down in councils.
McCarten Turkington Breen v. Times Newspapers (2001)
Commonlaw Qualified Privilege
Establishes a defence where newspapers are able to report things in the public interest.
Reynolds v. Times Newspapers (1998)
Grobellaar v. The Sun (2001)
Galloway v. The Telegraph
Exception: GKR Karate v. Yorkshire Post (2000)
Jameel v. Wall St Journal (2007)