Defamation - Tort Law

The tort of defamation involves the recognition of the tarnishing of someone’s reputation in the eyes of other members of society in which we live that, as a concept for legal action, is broken down into two parts – (a) libel and (b) slander – (a) ‘libel’ is broadcast and printed, illustrated by the decision in Goldsmith v. Bhoyrul [1997] 4 All ER 268, whilst (b) ‘slander’ is spoken, supported by the decision in White v. Mellin [1895] AC 154, but both fundamentally involve someone making a factual assertion in public without evidence in support of that same aforementioned assertion in keeping with Article 10 of the European Convention on Human Rights (‘ECHR’) 1950 enacted into the domestic legal system via the Human Rights Act (‘HRA’) 1998.

Therefore, with this in mind, such a view has been effectively supported by the fact that many decisions have arisen in this area, including, Khashoggi v. IPC Ltd [1986] 1 WLR 1412, Hinduja v. Asian TV Ltd (1997) The Times, 12th December, and Geenty v. Channel Four TV (1998) The Times, 11th February.

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