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Deformation
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all information surrounding deformation and the burden of proof
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MN10442 – DeformationDeformation
Untrue/defamatory statement
Communicated/published
Statement referred to the claimant which damages the claimant's reputation.
- Deformation act 2013
- (1)A statement is not defamatory unless its publication has caused or is likely to
cause serious harm to the reputation of the claimant.
- (2)For the purposes of this section, harm to the reputation of a body that trades for
profit is not “serious harm” unless it has caused or is likely to cause the body serious
financial loss
Sheridan v news of the world (2006) – cupid club described as a ‘swingers club’ and a place
for ‘wife swapping’ and ‘liberated adults’
- Tommy Sheridan was a Scottish politician and the news of the world ran stories
about swingers and drugs
- Tommy won
- Bob Bird, editor of the news of the world in Scotland, said: “This result suggests that
18 independent witnesses came to this court and committed monstrous acts of
perjury”
- £180,000 in damages
- Friend recorded him and then he got found guilty of perjury
No longer have these done by a jury
Previously the test was
- Bring him or her
- Into hatred contempt or ridicule or would tend to make right-thinking people shun
or avoid that person… cases before 2014 will have used these criteria
- Also previously cases were heard before a civil jury to establish whether the
statement was defamatory and measure of damages.
- Berkoff v berchill (1996)
- John v mirror group newspapers (1996)
- Depp v news group newspapers (2020)
Slander – transitory : e.g. spoken, gesture
- In a case for slander the defamed person would need to show that
- They suffered an actual financial loss as a result of the statements
- Or the statements have implied that he/she has committed a criminal offence
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