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DEFAMATION ACT 1952 | Tort Law | Parallelewelten

819 words (3 pages) Act in Acts

02/02/18 Acts Reference this

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DEFAMATION ACT 1952

2. Slander affecting official, professional or business reputation.

In an action for slander in respect of words calculated to disparage the
plaintiff in an office, profession, calling, trade or business held or carried
on by him at the time of the publication, it shall not be necessary to allege or
prove special damage, whether or not the words are spoken of the plaintiff in
the way of his office, profession, calling, trade or business.

3. Slander of title, etc.

(1) In an action for slander of title, slander of goods or other malicious
falsehood, it shall not be necessary to allege or prove special damage-

(a) if the words upon which the action is founded are calculated to cause
pecuniary damage to the plaintiff and are published in writing or other
permanent form; or
(b) if the said words are calculated to cause pecuniary damage to the
plaintiff in respect of any office, profession, calling, trade or business
held or carried on by him at the time of the publication.

(2) Section one of this Act shall apply for the purposes of this section as
it applies for the purposes of the law of libel and slander.

5. Justification.

In an action for libel or slander in respect of words containing two or more
distinct charges against the plaintiff, a defence of justification shall not
fail by reason only that the truth of every charge is not proved if the words
not proved to be true do not materially injure the plaintiffs reputation having
regard to the truth of the remaining charges.

6. Fair Comment.

In an action for libel or slander in respect of words consisting partly of
allegations of fact and partly of expression of opinion, a defence of fair
comment shall not fail by reason only that the truth of every allegation or fact
is not proved if the expression of opinion is fair comment having regard to such
of the facts alleged or referred to in the words complained of as are proved.

9. Extension of certain defences to broadcasting.

(1) Section three of the Parliamentary Papers Act, 1840 (which confers
protection in respect of proceedings for printing extracts from or abstracts of
parliamentary papers) shall have effect as if the reference to printing included
a reference to broadcasting by means of wireless telegraphy.

10. Limitation on privilege at elections.

A defamatory statement published by or on behalf of a candidate in any
election to local government authority [to the Scottish Parliament] or to
Parliament shall not be deemed to be published on a privileged occasion on the
ground that it is material to a question in issue in the election, whether or
not the person by whom it is published is qualified to vote at the election.

11. Agreements for indemnity.

An agreement for indemnifying any person against civil liability for libel in
respect of the publication of any matter shall not be unlawful unless at the
time of the publication that person knows that the matter is defamatory, and
does not reasonably believe that there is a good defence to any action brought
upon it.

12. Evidence of other damages recovered by plaintiff.

In any action for libel or slander the defendant may give evidence in
mitigation of damages that the plaintiff has recovered damages, or has brought
actions for damages, for libel or slander in respect of the publication of words
to the same effect as the words on which the action is founded, or has received
or agreed to receive compensation in respect of any such publication.

13. Consolidation of actions for slander etc.

Section five of the Law of Libel Amendment Act 1888 (which provides for the
consolidation, on the application of the defendants, of two or more actions for
libel by the same plaintiff) shall apply to actions for slander of title,
slander of goods or other malicious falsehood as it applies to actions for
libel, and references in that section to the same, or substantially the same,
libel shall be construed accordingly.

16. Interpretation.

(1) Any reference in this Act to words shall be construed as including a
reference to pictures, visual images, gestures and other methods of signifying
meaning.

17. Proceedings affected and savings.

(2) Nothing in this Act affects the law relating to criminal libel.

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