defamation

The *publication of a statement about a person that tends to lower his reputation in the opinion of right-thinking members of the community or to make them shun or avoid him. Defamation is usually in words, but pictures, gestures, and other acts can be defamatory. In English law, a distinction is made between defamation in permanent form (see *libel) and defamation not in permanent form (see *slander). This distinction is not made in Scotland. The remedies in tort for defamation are damages and injunction.

In English law, the basis of the tort is injury to reputation, so it must be proved that the statement was communicated to someone other than the person defamed. In Scottish law, defamation includes injury to the feelings of the person defamed as well as injury to reputation, so an action can be brought when a statement is communicated only to the person defamed. If the statement is not obviously defamatory, the plaintiff must show that it would be understood in a defamatory sense (see *innuendo). It is not necessary to prove that the defendant intended to refer to the plaintiff. The test is whether reasonable people would think the statement referred to him, but the defendant may escape liability for unintentional defamation by making an offer of amends (see *apology). Other defences are *justification, *fair comment, *absolute privilege, and *qualified privilege.

All those involved in the publication of a defamatory statement, such as printers, publishers, and broadcasting companies, are liable and every repetition of a defamatory statement is a fresh publication, giving rise to a new cause of action. A mere distributor of a book, newspaper, etc., is not liable if he did not know and had no reason to know of its defamatory contents.