January 31, 2012
Who can sue?
Not the dead
Who is reasonably identifiable?
Holton v. Jones 1910
General damage: damages for loss of reputation
Special damages: damages that can be proven
Colins Stewart Tullett PLC v. Financial Times (2004)
Not public authorities / political parties
Darbyshire County Council v. Times Newspapers (1993)
Goldsmith v. Bhoyrul (1998)
Who can be sued?
What is the meaning of the report?
What is the natural and ordinary meaning?
What is the meaning conveyed to an ordinary, reasonable viewer?
Charleston v. News Group (1995)
Tone of report/qualifications
Stance of a report
Lewis v. Daily Telegraph (1964)
Report in Telegraph said that fraud squad were looking into affairs of company after criticism of the chairman’s statement
Libel and the Internet
Godfrey v. Demon Internet
Gutnick v. Wall St. Journal
Assessing the evidence
Is the individual within the jurisdiction, will they be able to testify?
IMPORTANT: Look up Reynolds defence