Defamation and privacyWatch
I was just wondering if anyone could help with several questions I have. I do second year law so I'm happy to help out anyone else in return.
1) Is there a case on a time element of defamation, other than Chattell v Daily Mail? I'm looking for a case that shows that if something is published before information arises that gives that information defamatory meaning, there is no action. The exact scenario is that a book about XB is published, and several years later a similarly named person, who has similar characteristics to the person in the book, rises to fame, and tries to claim defamation.
2) Can a defamation claim run alongside a misuse of private information claim? How could they be distinguished?
3) Is there no defence under defamation specifically aimed at protecting cultural expression? I'm again thinking about the first scenario - if a book happens to mention a person very similar to a person who is alive, how could a defamation claim be defended? All I can think is Article 10 ECHR, but I'm not entirely sure how courts bring this into their arguments.