MEDIA & TORT LAW. 6/1/00 Murali/Nalsar 1
|
|
- Kathleen Black
- 5 years ago
- Views:
Transcription
1 MEDIA & TORT LAW R.MURALIDHARAN ADVOCATE,PATENT ATTORNEY,RESEARCHER 10,19TH CROSS,KASHIMUTT ROAD, MALLESWARAM,BANGALORE Ph: ,telefax: /1/00 Murali/Nalsar 1
2 a fundamental right.whether it is an independent fundamental right on its own or is actually part of Freedom of Expression or Opinion is a moot point. As a matter of fact,even an ordinary right of the media gets enforced with more alacrity than the fundamental rights of the unorganized labor. 6/1/00 Murali/Nalsar 2
3 Backdrop In reality,at least in India,freedom of the press actually means the Freedom of the Publisher,which is often that of a family that controls the company.there is a need to balance the rights of the Publisher with that of the competing stake holders,such as the general public,journalists,workmen, distributors,retailers etc. 6/1/00 Murali/Nalsar 3
4 Backdrop :While the journalists, workmen and others have sufficient opportunities to work out their respective entitlements through contractual means,the general public do not have corresponding opportunities. Hence,there is a need to resort to civil(tort)and criminal laws,to achieve a harmony between the conflicting pulls of freedom of press and the right to individual privacy. 6/1/00 Murali/Nalsar 4
5 interaction with the Law of Tort was just restricted to the law of defamation in general and Libel in particular.but of late, there has been increased concern about: a)the right of individual privacy vis a vis paparazzi b)media and the law of contempt c)criminality of defamation and contempt d)pre -Publication injunctions e)the journalist s right to silence regarding his source of information(sought to be made an offence under POTO f)computer,as broadcaster has resulted in convergence,warranting a Convergence Bill g)issue of proprietary rights over information that is exchanged through media h)permission to foreign capital to participate in media 6/1/00 Murali/Nalsar 5
6 Types: 1) Libel 2) Slander 3) Innuendo It comprises in a)publication of false statement b)defamatory statement c)without legal Justification Distinguish between Injurious falsehood, Abuses from Defamation arising from hatred, ridicule or contempt. 6/1/00 Murali/Nalsar 6
7 Difference between Slander/Libel Slander non permanent publication of defamatory matter not actionable per se-only on proof of actual damage. Libel permanent proof of actual damage is necessary. 6/1/00 Murali/Nalsar 7
8 Slander becomes actionable per se in the following circumstances: An imputation that the Plaintiff has committed a criminal offence; An imputation that the plaintiff suffers from an existing contagious or infectious disease An imputation of unchastity against a woman An imputation against the Plaintiff in the way of his business or office 6/1/00 Murali/Nalsar 8
9 Innuendo Innuendo is an indirect form of defamation.but IPC does not distinguish between these technicalities.and treats it as an offence. But the quantum of punishment may vary depending on the type. 6/1/00 Murali/Nalsar 9
10 This is a striking example of innuendo being successfully pleaded.in that case an amateur golf champion sued a firm of chocolate manufacturers for an advertisement :a caricature of Mr.Tolley hitting a vigorous drive with a carton of Fry s chocolate sticking out of his pocket and a comic caddy with another carton of chocolate dancing and comparing, in doggerel,the excellence of the drive and the chocolate.offended by the bad taste of the ad,the fact that his permission had not been sought and the fact that he did not eat Fry s chocolate,he sued. 6/1/00 Murali/Nalsar 10
11 TOLLEY v.j.s.fry & SONS LTD. The innuendo alleged was that he had consented to to the use of his portrait as an advertisement for reward and had prostituted his reputation as an amateur golfer.the House of lords held that there was evidence to find the advertisement defamatory 6/1/00 Murali/Nalsar 11
12 CASSIDY S CASE:A man named Cassidy alias Corrigan, married a woman who called herself Mrs.Cassidy /Corrigan.Her husband occasionally stayed with her and her acquaintances met him. Cassidy was notorious in racing circles and for his indiscriminate relations with women, and was once photographed at a race meeting in the company of a lady,to whom he said he was engaged.the photograph was duly published with the caption: Mr.M.Corrigan,the racehorse owner and Miss X,whose engagement has been announced. 6/1/00 Murali/Nalsar 12
13 Cassidy s case:the innuendo placed upon these words by the Plaintiff was that she was an immoral woman who had cohabited with him and some of her acquaintances gave evidence that they had formed a bad opinion of her as a result of this publication.the jury found that the words did bear a defamatory meaning and awarded 500 pounds in damages.a majority in the Court of Appeal held that the verdict could not be disturbed. 6/1/00 Murali/Nalsar 13
14 Defences in Defamation: 1.Justification by Truth-unconfirmed reports-rumours 2.Privilege(Absolute/Qualified) 3.Fair Comment 4.Consent to Defamation 5.Apology 6/1/00 Murali/Nalsar 14
15 ABSOLUTE PRIVILEGE Any statement made in the course of and with reference to judicial proceedings by any judge, juryman, party,witness or advocate; Fair,accurate,and contemporaneous reports of public judicial proceedings published in a newspaper; Any statement made in Parliament by a member of either House; parliament papers published by the direction of either house,and any repetition thereof by any person in full; Certain statements made by one officer of State to another in the course of official duty; Communications between husband and wife 6/1/00 Murali/Nalsar 15
16 QUALIFIED PRIVILEGE Statements in performance of a duty Voluntary communication Professional communications 6/1/00 Murali/Nalsar 16
17 ROLE OF MALCE IN DEFAMATION Generally, under the law of tort,when one is entitled to do something,the fact that he/she does it maliciously does not make any difference.malice per se has no role in determining liability,which is done in accordance with the rights and duties of respective parties.but, if the law finds there is tortious liability, proof of malice will make a big difference in the computation of damages. 6/1/00 Murali/Nalsar 17
18 Privilege is forfeited,if exceeded newspapers do not have special right under law of defamation.newspapers have as much right as citizens both in finding the truth and expressing it.nothing more... 6/1/00 Murali/Nalsar 18
19 FAIR COMMENT 1.Comment 2.Fair Comment 3.Must relate to a matter of public interest 6/1/00 Murali/Nalsar 19
20 A fair comment on a matter which is a matter of public interest submitted for public criticism is not actionable.this is very fundamental to freedom of expression and opinion and hence cannot be whittled. 6/1/00 Murali/Nalsar 20
Topic 1: Freedom of Speech.
Topic 1: Freedom of Speech. Society values free speech as people are free to say what they want. Free speech extends beyond written and spoken word to painting, sketching or cartoon. Free speech also refers
More informationLibel Overview. substantially damaging reputation; and. Solicitors & Attorneys. 2. What is libel. 1. What is defamatory?
Libel Overview 1. What is defamatory? What is defamatory? Any statement that makes people think worse of the subject or exposes them to hatred, ridicule and contempt. An allegation that a person has broken
More informationPLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.
PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to November 1, 2003. It is intended for information and reference purposes only. This
More information(d) an amplifier or loudspeaker transmitting a tape recording or other recording;
Printable version Selected Uniform Statutes in alphabetical order DEFAMATION ACT April 1996 (1994 Proceedings at page 48) Definitions 1 In this Act, "broadcasting" means the dissemination of writing, signs,
More informationDEFAMATION. 5. A statement is not defamatory unless it has caused or is likely to cause serious financial loss to a person (s.1 of the 2013 Act).
Legal Topic Note LTN 30 February 2014 DEFAMATION 1. A defamatory statement is one which tends to lower a person in the estimation of right-thinking members of society generally or to cause him to be shunned
More informationTABLE OF CONTENTS. Preface...P-1 Table of Cases... TC-1
TABLE OF CONTENTS Preface...P-1 Table of Cases... TC-1 INTRODUCTION IN:10 IN:20 IN:30 IN:40 IN:50 IN:60 IN:70 Overview... INT-1 What is Defamation?... INT-3 What is the Difference Between Libel and Slander?...
More informationThe Libel and Slander Act
c. 90 1 The Libel and Slander Act being Chapter 90 of The Revised Statutes of Saskatchewan, 1940 (effective February 1, 1941). NOTE: This consolidation is not official. Amendments have been incorporated
More informationThe Libel and Slander Act
The Libel and Slander Act being Chapter 56 of The Revised Statutes of Saskatchewan, 1920 (Assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for
More informationTHE DEFAMATION BILL, 2001 EXPLANATORY NOTE. (These notes form no part of the Bill but are intended only to indicate its general purport)
THE DEFAMATION BILL, 2001 EXPLANATORY NOTE (These notes form no part of the Bill but are intended only to indicate its general purport) The object of the Bill is to repeal the Libel and Defamation Act,
More informationDefamation and Social Media An Update
Defamation and Social Media An Update Presented by: Gavin Tighe Outline Overview The Legal Framework of Defamation in Canada Recent Developments Recent Jurisprudence and Amendments to the Legislative Framework
More informationc 237 Libel and Slander Act
Ontario: Revised Statutes 1980 c 237 Libel and Slander Act Ontario Queen's Printer for Ontario, 1980 Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/rso Bibliographic Citation
More informationSpeaking Out in Public
Have Your Say Speaking Out in Public Last updated: 2008 These Fact Sheets are a guide only and are no substitute for legal advice. To request free initial legal advice on an environmental or planning law
More informationDefamation and Press. Madabhushi Sridhar
Defamation and Press Madabhushi Sridhar Right to Reputation Right to unimpaired possession of reputation or good name, jus in rem Reputation depends upon opinion Opinion depends upon communication of thought
More informationDEFAMATION INSTRUCTIONS Introduction
INSTRUCTIONS Introduction The Defamation Instructions are newly added to RAJI (CIVIL) 5th and are designed to simplify instructing the jury regarding a common law tort on which the United States Supreme
More informationWashoe Tribe of Nevada and California. Law & Order Code TITLE 3 TORTS. [Last Amended 10/1/04. Current Through 2/3/09.]
Washoe Tribe of Nevada and California Law & Order Code TITLE 3 TORTS [Last Amended 10/1/04. Current Through 2/3/09.] 3-10 DEFINITIONS The following words have the meanings given below when used in this
More informationAnswer A to Question Statements of Opinion May Be Actionable in a Defamation Action
Answer A to Question 4 1. Statements of Opinion May Be Actionable in a Defamation Action To state a claim for defamation, the plaintiff must allege (1) a defamatory statement (2) that is published to another.
More information1. Consider standing 2. Consider the three elements to make out a prima facie case 3. Consider defences 4. Consider remedies
TOPIC 1 ESTABLISHING DEFAMATION 1. Consider standing 2. Consider the three elements to make out a prima facie case 3. Consider defences 4. Consider remedies INTRODUCTION The law of defamation is balanced
More informationChapter 69: Defamation - What You Cannot Do
Chapter 69: Defamation - What You Cannot Do In this chapter and the next we consider the main legal danger to journalists: defamation. In this chapter we look at what defamation is and what most defamation
More informationIntentional Torts. What Is a Tort? Tort Recovery
Intentional Torts What Is a Tort? A tort is a civil wrong that is not a breach of contract. There are four types of (civil) wrongfulness. Intent the desire to cause certain consequences or acting with
More informationWe would welcome responses to the following questions set out in the consultation paper. You can return this questionnaire by to
We would welcome responses to the following questions set out in the consultation paper. You can return this questionnaire by email to defamation@justice.gsi.gov.uk or in hard copy to Paul Norris, Ministry
More informationChapter 20. The Law of Defamation in Canada
Chapter 20 The Law of Defamation in Canada The law of defamation in Canada supposedly exists to protect the reputations of people about whom defamatory statements have been made. A defamatory statement
More informationThe Right of Criticism and Defamation Crime in Media: Iraq and U.S. as a Case Study
Research Article Global Media ISSN 1550-7521 The Right of Criticism and Defamation Crime in Media: Iraq and U.S. as a Case Study Abstract This paper is an attempt to find out the role of mass media in
More informationChapter 293. Defamation Act Certified on: / /20.
Chapter 293. Defamation Act 1962. Certified on: / /20. INDEPENDENT STATE OF PAPUA NEW GUINEA. Chapter 293. Defamation Act 1962. ARRANGEMENT OF SECTIONS. PART I PRELIMINARY. 1. Interpretation. court defamatory
More informationCED: An Overview of the Law
Torts BY: Edwin Durbin, B.Comm., LL.B., LL.M. of the Ontario Bar Part II Principles of Liability Click HERE to access the CED and the Canadian Abridgment titles for this excerpt on Westlaw Canada II.1.(a):
More informationSchafer v. Time, Inc. 142 F.3d 1361 (11th Cir. 1998)
DePaul Journal of Art, Technology & Intellectual Property Law Volume 9 Issue 1 Fall 1998: Symposium - Privacy and Publicity in a Modern Age: A Cross-Media Analysis of the First Amendment Article 9 Schafer
More informationTORTS SPECIFIC TORTS NEGLIGENCE
TORTS A tort is a private civil wrong. It is prosecuted by the individual or entity that was wronged against the wrongdoer. One aim of tort law is to provide compensation for injuries. The goal of the
More informationIN THE COURT OF COMMON PLEAS IN THE STATE OF DELAWARE IN AND FOR KENT COUNTY
IN THE COURT OF COMMON PLEAS IN THE STATE OF DELAWARE IN AND FOR KENT COUNTY Christopher Rhone and Christine Rhone, C.A. No. 03-06-0143 Plaintiffs, v. Delphine E. Dickerson, Defendant. Inquisition at bar
More informationFILED: NEW YORK COUNTY CLERK 05/15/ :39 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2015
FILED: NEW YORK COUNTY CLERK 05/15/2015 04:39 PM INDEX NO. 155631/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/15/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x
More informationCAUSE NO CV ANNA DRAKER IN THE DISTRICT COURT OF VS. MEDINA COUNTY, TEXAS
CAUSE NO. 06-08-17998-CV ANNA DRAKER IN THE DISTRICT COURT OF VS. MEDINA COUNTY, TEXAS BENJAMIN SCHREIBER, a minor, LISA SCHREIBER, RYAN TODD, a minor, LISA TODD, and STEVE TODD 38TH JUDICIAL DISTRICT
More informationThe Libel and Slander Act
1 c. L-14 The Libel and Slander Act being Chapter L-14 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1980-81, c.21; 1984-85-86,
More informationA libelous statement is one which (select the appropriate alternative):
Page 1 of 6 DEFAMATION LIBEL ACTIONABLE PER QUOD--PUBLIC FIGURE OR OFFICIAL. 1 Note Well: This instruction applies when the trial judge has determined as a matter of law 2 that: (1) the statement is subject
More informationThe Defamation of Directors & How to Deal With Abusive Members
& The Alliance of Delray Residential Associations proudly present: The Defamation of Directors & How to Deal With Abusive Members By: Joshua Gerstin, Esq. Gerstin & Associates Copyright 2017 Gerstin &
More informationAdditional Material for Chapter 12: Court reporting other restrictions Indefinite anonymity for convicted defendants and others
Additional Material for Chapter 12: Court reporting other restrictions Section numbers from the book are used. Its content provides fuller explanations and context. 12.1.4 Broadcasting from highest courts
More information1. Under what theory, or theories, if any, might Patty bring an action against Darby? Discuss.
Question 1 Darby organized a political rally attended by approximately 1,000 people in support of a candidate challenging the incumbent in the upcoming mayoral election. Sheila, the wife of the challenging
More informationThis fact sheet covers:
Legal information for Australian community organisations This fact sheet covers: laws in Australia What is defamation? Who can be defamed? Who can be sued for defamation? Defences Apologies and offers
More informationAn Act to modify the general law relating to the tort of defamation and for other purposes.
Version: 1.9.2013 South Australia Defamation Act 2005 An Act to modify the general law relating to the tort of defamation and for other purposes. Contents Part 1 Preliminary 1 Short title 3 Objects of
More informationHYDERALLY & ASSOCIATES, P.C.
HYDERALLY & ASSOCIATES, P.C. Ty Hyderally, Esq. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973) 509-8500 F (973) 509-8501 HOW TO USE TORTS TACTICALLY
More informationNoah v Shuba and Another
Noah v Shuba and Another In the High Court of Jutsice Chancery Division 16 February 1990 [1991] F.S.R. 14 Before:Mr. Justice Mummery Judgment delivered 16 February 1990 The plaintiff was a consultant epidemiologist
More informationCourthouse News Service
-against- Index No: Date Filed: 08109370 SUMMONS FOX TELEVISION STATIONS, INC. and JOHN DEUTZMAN, Defendants.... X The basis of venue is the Defendant's, Fox Television Stations, Inc., Principle Place
More informationDefamation Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS. Requirement of serious harm
Defamation Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS 1 Serious harm Requirement of serious harm Defences 2 Truth 3 Honest opinion 4 Responsible publication on matter of public interest Operators
More informationUNAUTHORISED USE OF YOUR IMAGE
INFORMATION SHEET UNAUTHORISED USE OF YOUR IMAGE Introduction What can you do to stop someone using your image in a photograph, film or video without your permission? With the introduction of new technologies
More informationCRIMINAL DEFAMATION AN AID TO PROTECT ONE S DIGNITY
CRIMINAL DEFAMATION AN AID TO PROTECT ONE S DIGNITY Chirag Mangal 1 & Snehil Singhvi 2 INTRODUCTION There is a whole new stir in the country s environment regarding defamation. There is a continuous debate
More informationIN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY. Plaintiff-Appellant, : CASE NO. CA
[Cite as McWeeney, M.D. v. Dulan, M.D., 2004-Ohio-1507.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY JAMES E. McWEENEY, M.D., : Plaintiff-Appellant, : CASE NO. CA2003-03-036
More informationv. Record No OPINION BY JUSTICE ELIZABETH B. LACY February 27, 1998 COLLEGIATE TIMES
Present: All the Justices SHARON D. YEAGLE v. Record No. 971304 OPINION BY JUSTICE ELIZABETH B. LACY February 27, 1998 COLLEGIATE TIMES FROM THE CIRCUIT COURT OF MONTGOMERY COUNTY Ray W. Grubbs, Judge
More information5. PRACTICAL PROBLEMS. 5.1 Being in court. 5.2 The Evidence - is it admissible in court? 5.3 Taking samples - evidential problems
5. PRACTICAL PROBLEMS 5.1 Being in court If a water chemist is involved in court proceedings he or she should be careful not to commit perjury by knowingly swearing a false statement concerning the disputed
More informationChapter 6. Disparagement of Property 8/3/2017. Business Torts and Online Crimes and Torts. Slander of Title Slander of Quality (Trade Libel) Defenses
Chapter 6 Business Torts and Online Crimes and Torts Disparagement of Property Slander of Title Slander of Quality (Trade Libel) Defenses Disparagement of Property Disparagement of property occurs when
More informationParticular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests
Criminal Law Particular Crimes can be grouped under 3 headings: Crimes against people Crimes against property Crimes against business interests Crimes Against People Murder unlawful killing of another
More informationTOPIC 2: DEFAMATION. 1. Defamatory Matter
TOPIC 2: DEFAMATION 1. Defamatory Matter A. WHAT IS MATTER? Matter can be: (s 4 of UDA) a. An article, report, advertisement or other thing communicated by means of a newspaper, magazine or other periodical;
More informationCase: 3:11-cv TMR Doc #: 1 Filed: 11/07/11 Page: 1 of 13 PAGEID #: 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
Case 311-cv-00397-TMR Doc # 1 Filed 11/07/11 Page 1 of 13 PAGEID # 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION ZIMMER, INC., 345 E. Main St., Suite 400 Warsaw, IN 46580 Plaintiff,
More informationHow to Use Torts Tactically in Employment Litigation
How to Use Torts Tactically in Employment Litigation Ty Hyderally, Esq. Hyderally & Associates, P.C. 33 Plymouth Street, Suite 202 Montclair, NJ 07042 tyh@employmentlit.com www.employmentlit.com O- (973)
More informationDefamation law reform submission, Business Journalists Association
Defamation law reform submission, Business Journalists Association The Business Journalists Association represents media professionals across the bulk of the country s main newspaper and broadcast media
More informationTORT LAW. By Helen Jordan, Elaine Martinez, and Jim Ponce
TORT LAW By Helen Jordan, Elaine Martinez, and Jim Ponce INTRO TO TORT LAW: WHY? What is a tort? A tort is a violation of a person s protected interests (personal safety or property) Civil, not criminal
More informationDEFAMATION--SLANDER ACTIONABLE PER QUOD--PRIVATE FIGURE--MATTER OF PUBLIC CONCERN. 1
Page 1 of 6 PUBLIC CONCERN. 1 Note Well: This instruction applies when the trial judge has determined as a matter of law 2 that: (1) the statement is not slanderous on its face, but is capable of a defamatory
More informationNo. 12 Media Services 2016 THE UNITED REPUBLIC OF TANZANIA ACT SUPPLEMENT
ISSN 0856 033IX THE UNITED REPUBLIC OF TANZANIA ACT SUPPLEMENT No. 15 18 th November, 2016 to the Gazette of the United Republic of Tanzania No. 48 Vol 97 dated 18 nd November, 2016 Printed by the Government
More informationIntentional Torts. What Is a Tort? Tort Recovery
Intentional Torts What Is a Tort? A tort is a civil wrong that is not a breach of contract. There are four types of (civil) wrongfulness. Intent the desire to cause certain consequences or acting with
More informationWHEN A LIBEL IS NOT A LIBEL
Yale Law Journal Volume 20 Issue 1 Yale Law Journal Article 6 1910 WHEN A LIBEL IS NOT A LIBEL ROSCELLUS S. GUERNSEY Follow this and additional works at: http://digitalcommons.law.yale.edu/ylj Recommended
More informationGLOBAL SUMMIT OF WOMEN SPEAKERS IN PARLIAMENT DECEMBER 13, 2016 GOVERNING TOLERANCE Hon. Bridgid Annisette-George, MP Speaker of the House of
GLOBAL SUMMIT OF WOMEN SPEAKERS IN PARLIAMENT DECEMBER 13, 2016 GOVERNING TOLERANCE Hon. Bridgid Annisette-George, MP Speaker of the House of Representatives, Trinidad and Tobago In making my contribution
More informationI - the law of defamation
Introduction These notes are meant to accompany the slides to my talk. They are intended merely to supplement what I say with a few additional pieces of information. They are neither comprehensive nor
More informationNORTHERN TERRITORY OF AUSTRALIA PROSTITUTION REGULATION ACT. As in force at 11 December 2001 TABLE OF PROVISIONS PART 1 PRELIMINARY
NORTHERN TERRITORY OF AUSTRALIA PROSTITUTION REGULATION ACT As in force at 11 December 2001 TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Definitions PART 1 PRELIMINARY PART 2 OFFENCES
More informationIN THE SUPREME COURT OF BELIZE, A.D. 2003
IN THE SUPREME COURT OF BELIZE, A.D. 2003 ACTION NO: 281 OF 2003 (CEDRIC D. FLOWERS ( ( (AND ( ( (KAY L. MENZIES (BELIZE PORT AUTHORITY PLAINTIFF DEFENDANTS Mr. Rodwell Williams, SC, for the claimant.
More informationTORT OF DEFAMATION IN CONTEXT OTHER ACTIONS PROTECTION REPUTATION & OTHER OVERLAPPING INTERESTS
TORT OF DEFAMATION IN CONTEXT OTHER ACTIONS PROTECTION REPUTATION & OTHER OVERLAPPING INTERESTS What causes of action can arise concurrently? Defamation is a tort that is principally concerned with protection
More informationDefamation Bill [HL], Bill 127 of : Law and Procedure
Defamation Bill [HL], Bill 127 of 1995-96: Law and Procedure Research Paper 96/60 16 May 1996 This paper seeks to give a brief outline of the law of defamation and to explain the main provisions of the
More informationDEFAMATION. Greens Local Councillor Forum
DEFAMATION Greens Local Councillor Forum 1. What is defamation? Defamation is a good old common law tort that, to a large extent in NSW, has been codified in the Defamation Act 1974. A statement is defamatory
More informationThese notes refer to the Defamation Bill as introduced in the House of Commons on 10 May 2012 [Bill 5] DEFAMATION BILL EXPLANATORY NOTES
DEFAMATION BILL EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Defamation Bill as introduced in the House of Commons on 10 May 2012. They have been prepared by the Ministry of
More informationMedia Regulation Roundtable:
Media Regulation Roundtable: A PROPOSAL FOR FUTURE REGULATION OF THE MEDIA: A MEDIA STANDARDS AUTHORITY Introduction 1. This proposal outlines a model for media regulation which is independent, voluntary
More informationDEFAMATION ACTIONABLE PER SE PRIVATE FIGURE MATTER OF PUBLIC CONCERN PRESUMED DAMAGES 1
Page 1 of 5 CONCERN PRESUMED DAMAGES 1 The (state number) issue reads: Part One: Did the defendant publish the [libelous] [slanderous] statement with actual malice? Part Two: If so, what amount of presumed
More informationJohn Peter Zenger and Freedom of the Press
John Peter Zenger and Freedom of the Press Should someone be prosecuted for criticizing or insulting a government official even if the offending words are the truth? Should a judge or a jury decide the
More informationTort of Defamation & Media. Prof Madabhushi Sridhar NALSAR PRO 2014
Tort of Defamation & Media Prof Madabhushi Sridhar NALSAR PRO 2014 Torts and Media Tort is a civil wrong. Three civil wrongs might affect the media: 1. Defamation 2. Invasion of Privacy 3. Negligent presentation
More information"Pill Mill" v. Pharmacy: Know Your Standards of Care or Face Defamation Allegations
"Pill Mill" v. Pharmacy: Know Your Standards of Care or Face Defamation Allegations Target Audience: Pharmacists ACPE#: 0202-0000-18-014-L03-P Activity Type: Knowledge-Based Target Audience: ACPE#: Activity
More informationDEFAMATION LAW FOR MATERIAL PUBLISHED BEFORE 1 JANUARY 2006
INFORMATION SHEET DEFAMATION LAW FOR MATERIAL PUBLISHED BEFORE 1 JANUARY 2006 NOTE: This information sheet applies to publications published prior to 1 January 2006. Please refer to our Information Sheet
More informationGC / MCS 115 CHAPTER 14. Ethical Considerations
GC / MCS 115 CHAPTER 14 Ethical Considerations A Short History of the First Amendment Defining and Refining the First Amendment 6. Free Press vs. Fair Trial Ø Free Press (First Amendment) Ø Fair Trial
More informationIN THE DISTRICT COURT FOR ROGERS COUNTY STATE OF OKLAHOMA PETITION
flled IN THE DISTRICT COURT ROGERS COUNTY OKLAHOMA IN THE DISTRICT COURT FOR ROGERS COUNTY STATE OF OKLAHOMA CARL PARSON, Plaintiff, vs. DON FARLEY, Defendant. CasCJr.2Q1lQ~ fq~ MAY 2 3 2016 :MHENmRTg~
More informationDISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT COPIA BLAKE and PETER BIRZON, Appellants, v. ANN-MARIE GIUSTIBELLI, P.A., and ANN-MARIE GIUSTIBELLI, individually, Appellees. No. 4D14-3231
More informationDefamation Litigation Patterns Across the United States, England, and Australia
Duke University From the SelectedWorks of David Unwin July 18, 2013 Defamation Litigation Patterns Across the United States, England, and Australia David Unwin Available at: https://works.bepress.com/david_unwin/1/
More informationFundamentals Level Skills Module, Paper F4 (HKG)
Answers Fundamentals Level Skills Module, Paper F4 (HKG) Corporate and Business Law (Hong Kong) December 2013 Answers 1 The question invites the candidates to demonstrate their knowledge of the concept
More informationIN THE COURT OF APPEAL OF BELIZE, A.D CIVIL APPEAL NO. 8 OF 2008 ARA MACAO DEVELOPMENT LIMITED PENINSULA CITIZENS FOR SUSTAINABLE DEVELOPMENT
IN THE COURT OF APPEAL OF BELIZE, A.D. 2009 CIVIL APPEAL NO. 8 OF 2008 BETWEEN: ARA MACAO DEVELOPMENT LIMITED PAUL GOGUEN Appellants AND PENINSULA CITIZENS FOR SUSTAINABLE DEVELOPMENT MARY TOY Respondents
More informationIN LIEU OF PETITION ORDER TO SHOW CAUSE. In lieu of petition pursuant to Civil Practice Laws and Rules (CPLR) 6 403(d),
UED ON 11512009 %,.& k, i a At an IAS Part, of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse thereof, 60 Centre Street, New York, New York on the
More informationPlainSite. Legal Document. Florida Middle District Court Case No. 6:10-cv Career Network, Inc. et al v. WOT Services, Ltd. et al.
PlainSite Legal Document Florida Middle District Court Case No. 6:10-cv-01826 Career Network, Inc. et al v. WOT Services, Ltd. et al Document 3 View Document View Docket A joint project of Think Computer
More informationUNIFORM NATIONAL DEFAMATION LAW by Tom Blackburn SC
UNIFORM NATIONAL DEFAMATION LAW by Tom Blackburn SC Tom Blackburn 2006 1. The law of defamation is not a subject with respect to which the Australian Federal Parliament is given express power to legislate.
More informationDEFAMATION--SLANDER ACTIONABLE PER QUOD--PRIVATE FIGURE--NOT MATTER OF PUBLIC CONCERN. 1
Page 1 of 5 PUBLIC CONCERN. 1 Note Well: This instruction applies when the trial judge has determined as a matter of law 2 that: (1) the statement is not slanderous on its face, but is capable of a defamatory
More information) ) Plaintiff, Christina Chisholm, complaining of Defendants, Tauheed Epps, and. Ro Zay Richie, alleges and says:
VS. Plaintiff ) COMPLAINT CHRIST(NCHISHOLM, ) ) music artist known as 2Chainz. 7. At all times pertinent to the allegations contained herein, Epps was a rap FACTUAL ALLEGATIONS defamation of Plaintiff.
More informationIN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV [2014] NZHC EQUITY TRUST INTERNATIONAL LIMITED First Plaintiff
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV-2014-404-001733 [2014] NZHC 3192 BETWEEN EQUITY TRUST INTERNATIONAL LIMITED First Plaintiff LILIYA SOBOLEVA Second Plaintiff EVGENY ORLOV Third Plaintiff
More informationPLAINTIFF S ORIGINAL PETITION
FILED 2/4/2019 9:59 AM Mary Angie Garcia Bexar County District Clerk Accepted By: Victoria Angeles 2019CI02190 CAUSE NO.: DEREK ROTHSCHILD IN THE DISTRICT COURT as Next Friend of D.R. v. BEXAR COUNTY,
More informationNO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 1 May Appeal by plaintiff from order entered 19 July 2011 by
NO. COA11-1188 NORTH CAROLINA COURT OF APPEALS Filed: 1 May 2012 OLA M. LEWIS, Plaintiff, v. Brunswick County No. 10 CVS 932 EDWARD LEE RAPP, Defendant. Appeal by plaintiff from order entered 19 July 2011
More informationIN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PHOENIX ARIZONA DIVISION. Plaintiff, pro se )
IN UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PHOENIX ARIZONA DIVISION AHMED SALAU, ) Case No. P. O. BOX 6008, ) PRINCETON, WV 24740. ) Plaintiff, pro se ) vs. ) COMPLAINT CONSTANCE AGREGAARD,
More informationIN THE UNITED STATES FEDERAL COURT SOUTHERN DISTRICT OF OHIO
Case: 2:14-cv-00525-EAS-TPK Doc #: 1 Filed: 06/04/14 Page: 1 of 9 PAGEID #: 1 IN THE UNITED STATES FEDERAL COURT SOUTHERN DISTRICT OF OHIO PILLAR TITLE AGENCY 3857 North High Street, suite 300 Columbus,
More informationVolume 6 LAWS OF THE REPUBLIC OF ZAMBIA Edition (Revised) Volume 6. Contents. Chapter 69. Misrepresentation Act
Volume 6 LAWS OF THE REPUBLIC OF ZAMBIA 1995 Edition (Revised) Volume 6 Contents Chapter 68. Defamation Act Chapter 69. Misrepresentation Act Chapter 70. Occupiers' Liability Act Chapter 71. State Proceedings
More informationThis article describes three largely forgotten and rarely prosecuted crimes in the Criminal Code
Bowie15 Dreamstime.com Three Forgotten Reasons to Mind Your Manners in Canada Peter Bowal and Kelsey Horvat To wander through the present [Criminal] Code is to stare into the faces of the ghosts of all
More informationSUPREME COURT OF QUEENSLAND
SUPREME COURT OF QUEENSLAND CITATION: Balson v State of Queensland & Anor [2003] QSC 042 PARTIES: FILE NO: SC6325 of 2001 DIVISION: PROCEEDING: ORIGINATING COURT: CHARLES SCOTT BALSON (plaintiff/respondent)
More informationThe Federalist Challenge to Civil Liberties: The Sedition Act of 1798 Ron Miller, Jewett Academy 8 th Grade American History
: Ron Miller, Jewett Academy 8 th Grade American History Summary: During the late 1700s, the Federalist Party was under attack from the Democratic-Republican newspapers. In response to all the criticism,
More informationVerdi v Dinowitz 2017 NY Slip Op 32073(U) September 28, 2017 Supreme Court, New York County Docket Number: /2016 Judge: Arlene P.
Verdi v Dinowitz 2017 NY Slip Op 32073(U) September 28, 2017 Supreme Court, New York County Docket Number: 158747/2016 Judge: Arlene P. Bluth Cases posted with a "30000" identifier, i.e., 2013 NY Slip
More informationWINFIELD TORT EIGHTH EDITION J. A. JOLOWICZ, M.A.
WINFIELD ON TORT EIGHTH EDITION BY J. A. JOLOWICZ, M.A. Of the Inner Temple and Gray's Inn, Barrister-at-Law; Fellow of Trinity College, Cambridge; Lecturer in Law of the University of Cambridge AND T.
More informationSUPERIOR COURT OF WASHINGTON FOR KING COUNTY
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SUPERIOR COURT OF WASHINGTON FOR KING COUNTY PAUL BRECHT, NO. Plaintiff, v. JANE FRANCES HAGUE a/k/a JANE HAGUE SPRINGMAN, CHARLES
More informationChapter 4 Part VIII Sections of the Penal Code of 1960 Omitted in the CILS Harmonised Sharia Penal Code
Chapter 4 Part VIII Sections of the Penal Code of 1960 Omitted in the CILS Harmonised Sharia Penal Code 1. Summary. The Penal Code of 1960 (PC) is divided into 409 sections. Of these, 19 are omitted from
More informationTHE COMMON LAW LIBRARY CLERK & LINDSELL TORTS TWENTIETH EDITION
THE COMMON LAW LIBRARY CLERK & LINDSELL ON TORTS TWENTIETH EDITION SWEET & MAXWELL &O?3 THOMSON REUTERS Preface Table of Cases Table of Statutes Table of Statutory Instruments Table of Civil Procedure
More informationCONTEMPT OF COURT ACT, TABLE OF CONTENTS
CONTEMPT OF COURT ACT, 1976. TABLE OF CONTENTS Sections Contents 1 Short title, extent and commencement 2 Interpretation 3 Contempt of Court 4 Punishment 5 Jurisdiction 6 Penalty 7 Procedure for Supreme
More informationTalk of the University. Freedom of the Press/Media Literacy Wednesday, October 4, 2017
Talk of the University Freedom of the Press/Media Literacy Wednesday, October 4, 2017 Thanks to our sponsors! Ross Novak / Lia Palmiter (Talk of the University) To Do: Look at the current climate of press
More informationDefamation: A Case of Mistaken Identity
Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles Entertainment Law Review Law Reviews 1-1-1987 Defamation: A
More informationTele Fax: Mobile:
R.MURALIDHARAN, ADVOCATE, LAW LECTURER, PATENT & TRADEMARK ATTORNEY KRISHNA & SAURASTRI ASSOCIATES, NO.17, SHESHADRI ROAD, BANGALORE-560 055 080-22356165 Tele Fax: 080-22356164 Mobile:-0-94482 47549 e-mail:
More informationMorocco. Comments on Proposed Media Law Reforms. June Centre for Law and Democracy democracy.org
Morocco Comments on Proposed Media Law Reforms June 2013 Centre for Law and Democracy info@law- democracy.org +1 902 431-3688 www.law-democracy.org Introduction The right to freedom of expression is a
More information