DEFAMATION Q: What is the authority for libel being action per se?

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Britishstudent
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Report Thread starter 6 years ago
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Does anybody have an authority that declares that a libel is action per se (without the need to prove damage)?

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RumpeIstiltskin
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Report 6 years ago
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In King v Lake [1667] it was said that writing demonstrated malice hence was actionable per se.

However, following Thornton v Telegraph Media Group [2010] and Defamation Act 2013 it seems unlikely that libel is actionable per se anymore. In Thornton it was said

'Article 10 entails that, in determining whether a statement is defamatory, the court must apply a “threshold of seriousness” to exclude trivial claims: an action in defamation will not be possible where the damage to reputation is not sufficiently serious or is trivial, causing no actual damage to his reputation.'

and Section 1(1) of the Defamation Act 2013 states “A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.”
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