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11 December 2015 / Athelstane Aamodt
Issue: 7680 / Categories: Features
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A better route to justice?

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Is harassment a more attractive cause of action than defamation in the internet age, asks Athelstane Aamodt

It used to be so much simpler. If someone published something untrue and damaging about somebody else, the cause of action was obvious: defamation. The problem with the law of defamation is that is has limitations. For starters, the law of defamation is extremely complicated. Also, defamation is only concerned with publications. The intention, intensity, frequency, and method of publication is relevant to the question of damages, but the larger questions that a court asks are broadly the same:

  • Does the statement refer to the claimant?
  • Is the statement capable of being defamatory?
  • If the statement is capable of being defamatory, can the defendant avail itself of any of the defences available to it, eg truth, honest opinion, etc.
  • If the claimant wins, what amount of damages should be awarded?

 

What happens, however, if in addition to making defamatory statements, a person engages in a broader campaign against someone else? Hate mail, trolling on Twitter,

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NEWS
A deputy costs judge correctly exercised his discretion to allow late service rather than strike out the point of dispute, the Court of Appeal has held
Prince Harry, Baroness Doreen Lawrence and five others have lost their case against the publisher of the Daily Mail, Mail on Sunday and MailOnline, in Various Claimants v Associated Newspapers [2026] EWHC 1637 (KB)
Public confidence in the justice system is being undermined by a lack of accessible, useable data, magistrates have warned
The Sentencing Council has launched draft guidelines for facilitation and endangering another person during a sea crossing to the UK
Government proposals to make independent written legal advice a prerequisite for workplace non-disclosure agreements (NDAs) may prove unworkable, according to a senior employment lawyer
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