NCTJ Essential Media Law Practice Test

In defamation cases, 'leave and license' signifies that the claimant has given consent for the publication of the material in question. This means that when a person agrees to allow certain comments or materials to be published, they cannot later claim defamation based on those specific statements. This principle is rooted in the idea that if someone has authorized the dissemination of information, they cannot later dispute the integrity or accuracy of that material since they had a role in its release.

This concept operates as a defense because it challenges the very foundation of the defamation claim: that the publication harmed the claimant's reputation without their permission. Therefore, when a claimant provides explicit consent for the publication, they essentially waive their right to pursue legal action on the grounds of defamation related to those materials. Hence, the definition focuses on the importance of consent in the context of defamation law.