UNIVERSITY OF THE WEST INDIES

THE FACULTY OF LAW

LAW OF TORTS II

Torts II / 2018

DEFAMATION

ESSAY QUESTIONS

1. “The development of the defence of responsible journalism serves to adjust the balance
between freedom of expression and protection of the reputation of individuals
substantially in favour of the former. This is an undesirable consequence.”

Critically analyse this statement.

2. Answer ANY THREE (3) of the following:

(a) Why is the defendant’s subjectively intended meaning irrelevant to the determination
of whether her communication is defamatory?

(b) A Calls B a lying hypocrite in front of a crowd of their friends. B wants to sue for
defamation but the friends tell him that they do not believe A’s accusation.

Discuss.

(c) So long as P can get one person to swear that he or she thought that D’s statement
referred to him (P), the requirement of “reference to the plaintiff” will be satisfied.

(d) Outline the circumstances in which slander is actionable per se.

(e) “Malice defeats a qualified privilege”. Examine critically what is meant by malice in
this context.

3. Compare and contrast the pleas of unintentional defamation and innocent dissemination.

4. “The plaintiff in a defamation action must establish that the defamatory words referred to
her. It is up to the defendant to show that his statement is privileged in some fashion or
other.”

1
 Critically examine this statement.

5. In what circumstances may qualified privilege be pleaded as a defence to defamation?

6. The claimant in an action for defamation must establish, inter alia, that the defamatory
imputation referred to him or her.

How is this requirement met?

7. Critically analyse the proposition that the defence of responsible journalism pays little
respect to the reputation of a defamed individual.

September, 2018