Clark v Associated Newspapers Ltd [1998] 1 All ER 959
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:22 UTC
Defendant wrote series of articles parodying style of Claimant, a Conservative MP famous for writing diaries. Articles had headings such as ‘Alan Clark’s Secret Political Diaries’.
Underneath title, Defendant’s name was indicated in capital letters as author.
Claimant sued for false attribution under s.84.
Held
Relevant question is whether a reasonable viewer of work would believe Claimant was author.
On facts, headings of articles gave rise to a clear false attribution.
Statement in capital as to actual author was insufficient to counteract this false attribution.
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