The Act changed a number of Defamation procedures. All defamation cases under the Senior Courts Act 1981 in the Queens Bench Division, and the County Courts Act 1984, which were "tried with a jury" unless the trial requires prolonged examination of documents, are now "tried without a jury," unless the court orders otherwise. Such cases are referred through a Defamation Recognition Commission (DRC) to a new Independent Regulatory Board (IRB), to provide arbitration services. The courts should take into account, when awarding costs and damages, whether either party in a dispute has chosen not to use the arbitration service. A successful party is required to pay all of the proceedings costs, if such a party unreasonably refused to use the arbitration service. Judgment awards of exemplary damages, where a defendant is guilty of breach of a defendant’s rights, can take into account whether either party refused to use, or join the arbitration service. Courts should take into account whether defendant first sought advice from the IRB before publication.[7]
The common law defence of justification is abolished, as such section 5 of the Defamation Act 1952 (justification) is repealed.
The common law defence of fair comment is abolished, as such, section 6 of the Defamation Act 1952 (fair comment) is repealed.
The common law defence known as the Reynolds defence is abolished.
Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended.
The Slander of Women Act 1891 is repealed.
The publication of a statement that conveys the imputation that a person has a contagious or infectious disease does not give rise to a cause of action for slander unless the publication causes the person special damage.
The Act changed a number of Defamation procedures. All defamation cases under the Senior Courts Act 1981 in the Queens Bench Division, and the County Courts Act 1984, which were "tried with a jury" unless the trial requires prolonged examination of documents, are now "tried without a jury," unless the court orders otherwise. Such cases are referred through a Defamation Recognition Commission (DRC) to a new Independent Regulatory Board (IRB), to provide arbitration services. The courts should take into account, when awarding costs and damages, whether either party in a dispute has chosen not to use the arbitration service. A successful party is required to pay all of the proceedings costs, if such a party unreasonably refused to use the arbitration service. Judgment awards of exemplary damages, where a defendant is guilty of breach of a defendant’s rights, can take into account whether either party refused to use, or join the arbitration service. Courts should take into account whether defendant first sought advice from the IRB before publication.[7]The common law defence of justification is abolished, as such section 5 of the Defamation Act 1952 (justification) is repealed.The common law defence of fair comment is abolished, as such, section 6 of the Defamation Act 1952 (fair comment) is repealed.The common law defence known as the Reynolds defence is abolished.Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended.The Slander of Women Act 1891 is repealed.The publication of a statement that conveys the imputation that a person has a contagious or infectious disease does not give rise to a cause of action for slander unless the publication causes the person special damage.
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