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Defamation and Libel

Posted by: admin    Tags:      Posted date:  December 22, 2011

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It is often said that publication is the essence of defamation – but what constitutes publication? A recent case has reignited the debate about when a defamatory remark can be said to have been published. More specifically, it has added to the confusion about when a claim can be struck out on ‘Jameel grounds’.

Eady J ruled that a defamatory email sent to a since recipient constituted publication and was suffieicient to found a claim for deformation. He refused to strike out the case. The defamatory email contained allegations that two claimants has committed a large-scale fraud against a royal family, and that a third claimant had knowingly assisted with this.

Historically, the orothodox view was that it was enough that the defamatory statement be communicated to one person. But recent case law testifies to a surge in the number of cases being struck out for abuse of process – precisely because the statement has been published to an insigificant number of people.