1. Defamation is the publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally.

2. There are two main categories:
a) Libel
aa) This is defamatory matter which is published in some permanent form, usually printing and writing. Permanence being the essence, writing is not essential. For example, the inclusion of defamatory statements upon the sound- track of a film may constitute libel; an effigy (carved figure or model representing a person) can be libellous: Monson v. Tussaud 1894
Words and images broadcast for general reception by wireless or television are treated as a permanent form (Defamation Act 1952); the same applies to verbal statement and gestures in the public performance of a play (Theatres Act 1968).
bb) Libel is actionable per se.
cc) Libel is a crime as well.
b) Slander
aa) This is the publication of defamatory matter in a transient form, normally in the guise of an oral statement.
bb) Slander is actionable on the case, except where there are:
(1) Imputations of crime: provided that it is not punishable merely by fine.
(2) Imputations that the plaintiff is suffering from a contagious disease calculated to cause him to be shunned by society.
(3) imputations of unchastity in a woman.
(4) imputations disparaging the plaintiff in any office, calling, trade or business he engaged in at the relevant time.
cc) Slander is a crime only if the words spoken tend directly to create a breach of the peace, or are blasphemous, obscene, seditious, or reflect upon the administration of justice.

3. In tort, the defamatory statement must be published to a third party. This is because loss can not arise if only the plain- tiff knows of the statement. In the case of libel (or, exceptionally, slander) as a crime it is otherwise, for the purpose of criminal punishment is to prevent breaches of the peace (the party defamed is then the most likely person to break the peace).

4. In defamation cases, juries are still employed (High Court). But it is for the judge to determine whether or not a statement is capable of being regarded as 'defamatory'. If he thinks it's, he must withdraw the case from the jury.

5. Subjective requirements
a) Liability for defamation used to depend solely on the fact of the defamation, even when made entirely innocently:
Hulton (E) & Co. v. Jones 1910 - mix-up of names in a fictional story; liability even though the publisher did not know nor had reason of knowing (!) about the very existence of the real person.
Cassidy v. Daily Mirror 1929 - newspaper story with photo about a woman alleging that she was about to marry a certain person; in fact she was married already.
Newstead v. London Express Newspapers 1940 - true newspaper story about the conviction of a person (name mentioned), but there was another man of that name (to whom the defendants were not adverting).
b) This harsh rule is (under the Defamation Act 1952) subject to some modifications:
aa) If the defendant offers an 'amends' along with the publication of an apology, and this is acceped, the action will be barred;
bb) If such an offer is refused, the defendant may proof 'innocence' - that is that the publisher either didn't intend to publish them with regard to the plaintiff or if he did not know of circumstances by virtue of which they might be understood to be defamatory of the party aggrieved.

6. Special Defences
a) Justification: if the statement is true ('substantially justified'), the defendant may escape liability. But not so with regard to the crime of libel: breach of the peace might occur nevertheless.
b) Privilege: A defamatory statement made upon a 'privileged' occasion is not acionable.
aa) Absolute privilege: This gives complete freedom of speech, i.e. parliamentary and judicial proceedings. This applies even in cases where the statement is made maliciously.
bb) Qualified privilege: This arises where the maker of the statement is under a duty to make it, and the person re- ceiving it has a reciprocal interest of receiving it; i.e. references to prospective employers, certain newspaper reports. This type will not avail the defendant if he has acted maliciously. It is the 'honesty of the opinion' that attracts privilege.
c) Fair comment: If the alleged defamatory statement was a 'fair comment' 'honestly' made upon a matter of public interest (this covers the behaviour of all public men, such as Ministers of State and local officials, or anyone who performs a public function; also authors and artists). The statement must satisfy four conditions:
aa) It must be a statement of opinion, not an assertion of fact (if it's a true fact, it's justified)
bb) It must be 'fair', an 'honestly held' opinion.
cc) It must not be 'malicious'; not be distorted by reason of some 'imporper' motive (spite, mercenary considerations).
dd) It must not reflect upon the moral character of the person criticized.