Byrne v Deane
| Jurisdiction | England & Wales |
| Date | 1937 |
| Court | Court of Appeal |
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87 cases
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David S. Brandt Claimant v Claude Hogan Tony Glaser Defendants [ECSC]
...is prima facie liable for its publication5. The burden of proving that the defamatory words were published rests on the Claimant6. 23 InByrne v Deane7, Greene LJ set out how the court should approach the question as to what constitutes publication in a defamation action: "publication… is a ......
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Payam Tamiz v Google Inc. and Another
...a different view from that of Eady J on the issue of publication. I am led to do so primarily by the decision of the Court of Appeal in Byrne v Deane [1937] 1 KB 818. That case concerned an allegedly defamatory verse which someone had posted on the wall of a golf club and which was then all......
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Richard Rufus (in Bankruptcy) v Paul Elliott
...meant to charge the Plaintiff "with conduct which I think would be condemned by a just, fair-minded and reasonable citizen". 22 In Byrne v Deane [1937] 1 KB 818 the Court of Appeal held that it was not defamatory to allege, in the form of a short rhyme posted in the location of the removed ......
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Chiam See Tong v Ling How Doong and Others
...community as a whole must be considered, and not just that of a limited class; see Berry v Irish Times [1973] IR 368 and Byrne v Deane [1937] 1 KB 818.In my view, the mere allegation that Chiam has been very supportive of the PAP is not defamatory, for being supportive of the PAP per se can......
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2 firm's commentaries
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Social Media and Life Sciences Companies: In or Out of Control?
...policies for dealing with social media. Footnotes 1ACCC v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74 2See for example, Byrne v Deane [1937] KB 818;Urbanchich v Drummoyne Municipal Council [1991] Aust Tort Reports 81-127 (NSW SC). 3Carafano v Metrosplash, Inc., 339 F.3d 1119, 1123 (9th Cir......
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UK Court of Appeal Holds That, Upon Notice, Google May Be Liable For Defamatory User-Generated Content on Blogging Platform Operated by Google
...its terms of use. Accordingly, the Court concluded that Designtechnica was inapposite. The Court reasoned that, as in Byrne v. Deane, [1937] 1KB 818, where the owners of a golf club were held liable for allowing “defamatory verse” posted on the wall of their club to remain after learning of......
10 books & journal articles
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Table of Cases
...243, 244 Burchill v Yukon Territory (Commissioner), 2002 YKCA 4 .................................266 Table of Cases 379 Byrne v Deane, [1937] 1 KB 818, 2 All ER 204 (CA) .................................235, 237, 241 Cadbury Schweppes Inc v FBI Foods Ltd, [1999] 1 SCR 142, 167 DLR (4th) 5......
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Table of cases
...108 ........................ 198 Byciuk v Hollingsworth, [2004] AJ No 620, 2004 ABQB 370 ............................ 157 Byrne v Deane, [1937] 1 KB 818, [1937] 2 All ER 204 (CA) ...............................431 THE LAW OF TORTS 500 C v Holland, [2012] 3 NZLR 672, [2012] NZHC 2155 .............
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REPUTATION AND DEFAMATORY MEANING ON THE INTERNET
...194McGrath v Dawkins[2012] EWHC B3 at [63]. 195 McGrath v Dawkins [2012] EWHC B3 at [60]. 196 McGrath v Dawkins [2012] EWHC B3. 197 [1937] 1 KB 818. 198 Jacquelyn Burkell & Ian R Kerr, “Electronic Miscommunication and the Defamatory Sense” (2000) 15(1) Canadian Journal of Law and Society 81......
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Is the Writing on the Wall for Online Service Providers? Liability for Hosting Defamatory User-Generated Content under European and Irish Law
...become “liable for continued publication of the material complained of on the Byrne v Deane principle of consent or acquiescence”. 94 86 [1937] 1 KB 818 [hereinafter Byrne v Deane ] 87 The Court ultimately held that the verse did not amount to a defamatory statement. The verse stated: “May ......
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