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True Libel
Can I libel you by telling the truth?
- A defamatory statement either:
- lowers the plaintiff in the estimation of right-thinking members of society generally (Sim v Stretch (1936)); or
- causes him to be shunned or avoided; or
- is to a person's discredit (Youssoupoff v MGM (1934)).
- Strictly, a libel is a defamatory statement to which there is no defence. A libel is, therefore, a narrower notion than a defamatory statement
- Truth (justification) is a complete defence in defamation
- It follows that a defamatory statement which is proved to be true is not a libel. It can remain defamatory.
- If a statement is held to be:
- non-defamatory and false - the court finds against the claimant
- non-defamatory and true - the court finds against the claimant. Although if a court finds a statement to be non-defamatory, it would not go on then to investigate its truth.
- defamatory and false - the court finds for the claimant *unless* a recognised defence can be proved
- defamatory and true - the court finds against the claimant
- Thus, if a statement is held to be:
- a libel - the court finds for claimant ie: case (c) if no defence can be proved
- not a libel - the court finds against claimant
case (c) if a defence can be proved OR
case (d)
(Acknowledgments but no responsibility to Laurence Godfrey)
