module specification

Anyone working in the media is susceptible to making unproven allegations against the people in the news which later turn out to be unfounded, whether or not this is done deliberately. Although it may seem to be reprehensible to besmirch the reputation of an innocent person, there may be public interest in hearing unproven allegations, and the journalist in question may thus escape liability. This is the complexity of the tort of defamation, which it is vital for anyone working within the media to understand.

The aim of this module is to provide students with a comprehensive knowledge of the law of defamation in the United Kingdom. It will examine the different forms of defamation and the requirements to establish whether defamation has occurred together with the remedies and defences that could be employed.

This module will also examine the legal ramifications of the legislation now in place to regulate the common law tort. As the Defamation Act 2013 aims to ensure that a fair balance is struck between the right to freedom of expression and the protection of reputations, it is imperative that you understand these different areas of law. You will examine the role played by different online platforms, e.g. social media and website operators, in the facilitation of defamation and the liability attached to all those involved in the process.

MODULE AIMS

On successful completion of this module, you will be able to

• understand the legal, social, and cultural context underpinning the law and policy relating to defamation;
• explain the historical developments of the law of defamation and the common law.
• explain the importance placed on protecting individual’s reputations from falsified malicious publications. 
• analyse how the employment of ECHR may affect the outcome of a defamation case.
• critically evaluate case study-based problem questions;

No pre-requisites. Not available for Study Abroad.

1. Introduction to the Law of Defamation

• The definition of Libel and Slander
• The distinction between the two
• Availability of defamation

2. The elements of defamation

• Defamatory statements
• The parties to the case
• Publication of the statement

3. Defences

• Privileges
• Innocent publication
• Consent
• Justification
• Fair comment
• Offer of amends 

4. Remedies

• Damages
• Injunction

5. The increase of defamation cases due to the expansion of social media

• Battle between media freedom vs defamation

Overview

Students will be taught by a combination of online lectures, interactive online seminars, one-to-one supervision, and self-study of a comprehensive module, with students encouraged to read from specified case law and legal journals. Students will be given the opportunity to discuss theoretical issues as well as practical problem solving.  Students will be supported in undertaking on-line research using electronic law databases and encouraged to use on line legal resources on a regular basis. There is a virtual learning environment containing handbooks, lecture notes, weblinks, discussion groups, study skills materials and assessment criteria. 

Experiential Learning

Students will be encouraged to respond to realistic case-studies relating to the sector, giving written legal opinions to clients in the style of a professional legal advisor. Students will also be able to participate in the extracurricular experiential learning offered within the Law School, including the Pro Bono Clinic and the Mooting Club.

Study Support

Students will have regular access to module tutors by email and by one-to-one video conferences to support their studies. They will also engage with one formative assessment for each module, which will be marked promptly with opportunities for feedback either by email or individual online discussion.

On successful completion of the module, you will be able to do the following:

1. Comprehend and manage a substantial body of legal knowledge relating to defamation

2. Evaluate the commercial and government policy implications of the regulation of defamation and appreciate its economic, human rights and public interest balance;

3. Critically analyse the importance and scope of defamation within the media sector;

4. Research and manage legal information from paper and IT resources and present competent legal arguments in writing;

5. Synthesise relevant case law and statute, understand and present conflicting arguments and apply the law to problem scenarios relevant to aspects of defamation.

The module adopts the assessment strategy principles of GSBL which have been developed in the spirit of ESJ. These are:

1. The School is committed to ensuring that each student should not have more no more than 2 assessment points per 20 credit module.
2. We provide balanced forms of assessment, both in terms of its overall volume (measured in terms of assessment points and output required and the types used.
3. Group activities are part of the learning and teaching strategies but assessment is at the level of the individual. Thus, assessment focused on individual reflections and learning from participating in a group activity.
4. Flexibility/choice in assessment methods will be introduced wherever possible in order to facilitate different learning studies and support personalization

Assessment of the module will be by way of coursework, giving a choice of either a critical analysis of contemporary issues and/or experiential sector-related practical exercises.

In line with our policy on facilitating formative feedback to students, the assessment strategy is designed to provide formative feedback on a piece of contributing summary assessment before another summative component is due to be submitted.

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