The plaintiff (herself a Princess) complained that she could be identified with the character Princess Natasha in the film ‘Rasputin, the Mad Monk’. On the basis that the film suggested that, by reason of her identification with ‘Princess Natasha’, she had been seduced by Rasputin, she was awarded andpound;25,000 damages. The defendant contended that if the film indicated any relations between Rasputin and ‘Natasha’ it indicated a rape of Natasha and not a seduction.
Held: In defamation cases, the setting of the level of damages is for the jury.
Slesser LJ said that defamation could include words which cause a person to be shunned or avoided: ‘not only is the matter defamatory if it brings the plaintiff into hatred, ridicule, or contempt by reason of some moral discredit on [the plaintiff’s] part, but also if it tends to make the plaintiff be shunned and avoided and that without any moral discredit on [the plaintiff’s] part. It is for that reason that persons who have been alleged to have been insane, or be suffering from certain diseases, and other cases where no direct moral responsibility could be placed upon them, have been held to be entitled to bring an action to protect their reputation and their honour.’ and, on the facts:
‘One may, I think, take judicial notice of the fact that a lady of whom it has been said that she has been ravished, albeit against her will, has suffered in social reputation and in opportunities of receiving respectable consideration from the world.’ and
‘I, for myself, cannot see that from the plaintiff’s point of view it matters in the least whether this libel suggests that she has been seduced or ravished. The question whether she is or is not the more or the less moral seems to me immaterial in considering this question whether she has been defamed, and for this reason, that, as has been frequently pointed out in libel, not only is the matter defamatory if it brings the plaintiff into hatred, ridicule, or contempt by reason of some moral discredit on her part, but also if tends to make the plaintiff be shunned and avoided and that without any moral discredit on her part. It is for that reason that persons who have been alleged to have been insane, or to be suffering from certain diseases, and other cases where no direct moral responsibility could be placed upon them, have been held to be entitled to bring an action to protect their reputation and their honour.’ and
‘When this woman is defamed in her sexual purity I do not think that the precise manner in which she has been despoiled of her innocence and virginity is a matter which a jury can properly be asked to consider.’
Scrutton LJ defined a defamatory statement as ‘a false statement about a man to his discredit’.
As to the assessment of damages by the jury: ‘The constitution has thought, and I think there is great advantage in it, that the damages to be paid by a person who says false things about his neighbour are best decided by a jury representing the public.’
Judges:
Scrutton LJ, Slesser LJ
Citations:
(1934) 50 TLR 581
Jurisdiction:
England and Wales
Citing:
Approved – Scott v Sampson QBD 1882
The court explained why evidence of particular acts of misconduct on the part of the Plaintiff tending to show his character and disposition should be excluded, saying ‘Both principle and authority seems equally against its admission. It would give . .
Cited by:
Cited – Kiam v MGN Ltd CA 28-Jan-2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably . .
Cited – Berkoff v Burchill and and Times Newspapers Limited CA 31-Jul-1996
The plaintiff actor said that an article by the defendant labelling him ugly was defamatory. The defendant denied that the words were defamatory.
Held: It is for the jury to decide in what context the words complained of were used and whether . .
Cited – Thornton v Telegraph Media Group Ltd QBD 16-Jun-2010
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of.
Held: The application for summary judgment succeeded. The . .
Lists of cited by and citing cases may be incomplete.
Defamation, Damages
Updated: 29 April 2022; Ref: scu.184740