Malicious falsehood
Encyclopedia
Malicious falsehood or injurious falsehood is a tort
. It is a lie
that was uttered with malice
, that is, the utterer knew it was false or would cause damage or harm.
Malicious falsehood is a false statement made maliciously that causes damage to the claimant. Malicious in this case means the defendant either knew the statement was not true or did not take proper care to check. It is often covered under laws regarding defamation.
reads:
This implements a recommendation of the Porter Committee
For the purposes of section 3 of the Defamation Act 1952, the publication of words (including pictures, visual images, gestures and other methods of signifying meaning) in the course of a performance of a play is, subject to section 7 of the Theatres Act 1968
, treated as publication in permanent form.
.
.
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
. It is a lie
Lie
For other uses, see Lie A lie is a type of deception in the form of an untruthful statement, especially with the intention to deceive others....
that was uttered with malice
Malice
Malice may refer to:* Malice , a legal term describing the intent to harm* Jerry Tuite , American professional wrestler also known by the ring name Malice-Entertainment:...
, that is, the utterer knew it was false or would cause damage or harm.
Malicious falsehood is a false statement made maliciously that causes damage to the claimant. Malicious in this case means the defendant either knew the statement was not true or did not take proper care to check. It is often covered under laws regarding defamation.
Proof of special damage
Section 3(1) of the Defamation Act 1952Defamation Act 1952
The Defamation Act 1952 is an Act of the Parliament of the United Kingdom.This Act implemented recommendations contained in the Report of the Porter Committee...
reads:
This implements a recommendation of the Porter Committee
For the purposes of section 3 of the Defamation Act 1952, the publication of words (including pictures, visual images, gestures and other methods of signifying meaning) in the course of a performance of a play is, subject to section 7 of the Theatres Act 1968
Theatres Act 1968
The Theatres Act 1968 abolished censorship of the stage in the United Kingdom.Since 1737, scripts had been licensed for performance by the Lord Chamberlain's Office a measure initially introduced to protect Walpole's administration from political satire...
, treated as publication in permanent form.
Limitation
See section 4A(b) of the Limitation Act 1980Limitation Act 1980
The Limitation Act 1980 is a British Act of Parliament. It is a statute of limitations which provides timescales within which action may be taken for breaches of the law. For example it provides that breaches of an ordinary contract are actionable for six years after the event whereas breaches of...
.
Northern Ireland
See section 3 of the Defamation Act (Northern Ireland) 1955Defamation Act (Northern Ireland) 1955
The Defamation Act 1955 is an Act of the Parliament of Northern Ireland.This Act makes similar provision to the Defamation Act 1952 for Northern Ireland....
.
Further reading
- Ajinimoto Sweeteners Europe SAS v Asda Stores Ltd [2009 EWHC 1717 (QB), a UK decision relating to malicious falsehood