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This question concerns defamation, on which you will find information in Unit 16 and Unit 17. You should consider whether the remarks made by Brian

This question concerns defamation, on which you will find information in Unit 16 and Unit 17. You should consider whether the remarks made by Brian in respect of Davina and her work is defamatory. You should outline if the following four things are demonstrated for a defamation claim to succeed:

  • that they have suffered serious harm
  • due to a defamatory statement
  • which makes reference to them
  • which was published.

Next, you should consider if Brian has any potential defence against defamation. Defences are covered in Unit 17.

The third part of the question asks if TwitNovel has any potential defence against defamation. You do not need to discuss in detail Davina's claim for defamation against TwitNovel when answering this part of the question - only the defence.

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