Defamation Defences Quiz
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Questions and Answers

What must be proven to use the section one defence under the Defamation Act 1996?

  • You took reasonable care. (correct)
  • You authored the statement.
  • You were the editor of the statement.
  • You published the statement.

A broadcaster can use the section one defence if a defamatory statement is made during a recorded interview.

False (B)

What action must website operators take regarding defamatory content once they are made aware of it?

Remove the defamatory content immediately.

To successfully claim a defence under the Defamation Act, you must show you had no ______ to believe the statement was defamatory.

<p>reason</p> Signup and view all the answers

Match the following roles with their responsibilities under the Defamation Act:

<p>Broadcaster = Must act quickly to cut off defamatory statements Website operator = Must remove defamatory content when notified Author/Editor/Publisher = Cannot claim section one defence Reasonable care = Involves preventing defamatory statements</p> Signup and view all the answers

Which of the following is NOT a requirement for qualified privilege in Part 2?

<p>Personal opinion (A)</p> Signup and view all the answers

An editor is legally required to obtain a comment from someone who has been defamed in instances of qualified privilege.

<p>False (B)</p> Signup and view all the answers

What must a newspaper do to utilize the Offer of Amends defense under the Defamation Act 1996?

<p>Show it took all reasonable care and defamed someone unintentionally.</p> Signup and view all the answers

Qualified privilege is applicable in cases of a matter of __________.

<p>public interest</p> Signup and view all the answers

What must website operators do to receive protection under Section 5 of the Defamation Act 2013?

<p>Allow the claimant to act directly against the individuals responsible (B)</p> Signup and view all the answers

Match the following elements of defamation law with their descriptions:

<p>Qualified Privilege = Protection under certain conditions in which the information is shared Offer of Amends = A defense allowing defamed individuals to receive a correction or apology Accord and Satisfaction = A full settlement of a complaint through an agreed correction Section 1, Defamation Act = Liability for defamatory comments made by others on your platform</p> Signup and view all the answers

Website operators are required to pre-moderate comments to ensure they do not receive protection under the Defamation Act.

<p>False (B)</p> Signup and view all the answers

Name one defense against defamation that involves the time factor.

<p>Proceedings not started within a year of publication.</p> Signup and view all the answers

A website operator can be protected under Regulation 19 against defamation actions when their readers post comments directly onto their ______.

<p>sites</p> Signup and view all the answers

Match the following defenses with their descriptions:

<p>Death of the complainant = Ceases any defamation claims Leave and licence = Complainant agreed to the publication Proceedings not started within a year = Time limitation defense Regulation 19 = Protection for website operators against user comments</p> Signup and view all the answers

What cannot be used as a defence in defamation cases?

<p>Factual allegations (B)</p> Signup and view all the answers

An honest opinion can suggest corruption or dishonour.

<p>False (B)</p> Signup and view all the answers

What are the two forms of privilege under the defamation act?

<p>Absolute privilege and qualified privilege</p> Signup and view all the answers

The media has the protection of __________ under the defamation act for reporting court cases.

<p>Absolute privilege</p> Signup and view all the answers

Match the following criteria for reporting under Absolute Privilege:

<p>Fair = Not biased or skewed Accurate = Factually correct Contemporaneous = Reported at the same time as events occur Open court = Public access to proceedings</p> Signup and view all the answers

Which of the following is a requirement for an honest opinion to be valid?

<p>It must refer to provable facts (B)</p> Signup and view all the answers

An honest person can hold any opinion, regardless of the facts.

<p>False (B)</p> Signup and view all the answers

What is the primary criterion that distinguishes an opinion from a fact in defamation cases?

<p>Recognizable as comment</p> Signup and view all the answers

What must be done when reporting allegations in a court case?

<p>Include both sides if accusations are made and refuted. (A)</p> Signup and view all the answers

Absolute privilege applies to court proceedings held in private.

<p>False (B)</p> Signup and view all the answers

What should a reporter do if they make an inaccurate paraphrasing of court statements?

<p>They should correct it to avoid legal issues.</p> Signup and view all the answers

To maintain absolute privilege, reports must be published __________.

<p>contemporaneously</p> Signup and view all the answers

Match the following privileges to their definitions:

<p>Absolute Privilege = Protection for statements made in court proceedings Qualified Privilege = Protection under specific conditions like media reports Public Inquiry = An event where qualified privilege applies Official Statements = Reports from individuals in government roles</p> Signup and view all the answers

Which of the following is NOT covered under qualified privilege?

<p>Personal opinions on the trial (C)</p> Signup and view all the answers

A small typo in a court report is unlikely to cause legal problems.

<p>True (A)</p> Signup and view all the answers

What must be indicated when reporting on a defendant in a trial?

<p>The defendant's plea.</p> Signup and view all the answers

Which of the following statements is true about absolute privilege in Parliament?

<p>MPs and Lords have absolute privilege in Parliament. (C)</p> Signup and view all the answers

Journalists receive absolute privilege when reporting on parliamentary proceedings.

<p>False (B)</p> Signup and view all the answers

What is required for media reports of press conferences to be considered under qualified privilege?

<p>The reports must be conducted by reporters acting as the 'eyes and ears' of the public.</p> Signup and view all the answers

Local councils, central government departments, and the police are examples of authorities that provide qualified privilege for _____ statements.

<p>public information</p> Signup and view all the answers

Match the type of meeting or body with its corresponding privilege type:

<p>Parliament = Absolute Privilege Press Conference = Qualified Privilege Annual General Meeting = Qualified Privilege Adjudicating Bodies = Qualified Privilege</p> Signup and view all the answers

Which case is specifically mentioned regarding qualified privilege at press conferences?

<p>McCartan Turkington Breen v Times Newspapers Ltd (C)</p> Signup and view all the answers

Public meetings for the discussion of matters of public interest qualify for absolute privilege.

<p>False (B)</p> Signup and view all the answers

What significant change occurred in the year 2000 regarding press conferences and privilege?

<p>The Law Lords ruled that press conferences should have qualified privilege.</p> Signup and view all the answers

Flashcards

Qualified Privilege Part 2

A legal defense against defamation where the publication is fair, accurate, on a matter of public interest, and includes a reasonable right of reply.

Right of Reply

The opportunity for someone who has been defamed to respond to the allegation in the publication.

Offer of Amends

A legal defense under the Defamation Act 1996 where a publication admits an unintentional libel and offers a correction or apology.

Accord and Satisfaction

A legal settlement where a complainant agrees to a correction or apology in exchange for dropping a defamation claim.

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Section 1, Defamation Act

This section covers situations where a third party makes a defamatory statement on a platform you control (e.g., website, radio show).

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No Reason to Believe Defence

A defence against defamation claims where the defendant can show they didn't know and had no reason to believe their actions caused or contributed to the publication of a defamatory statement.

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Website Operator Defence (Defamation Act 2013)

A defence for website operators where they take steps to allow the claimant to directly sue the individual who posted the defamatory comment.

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Section One Defence

A legal defence that protects you from being sued for defamation if you meet specific requirements.

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Author/Editor/Publisher

This refers to the person or entity responsible for creating, reviewing, and publishing defamatory content.

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Regulation 19 Defence

A protection for website operators against comments posted by readers that are defamatory or violate criminal law.

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Death of Complainant Defence

A defence against a defamation claim where the person who was defamed has died.

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Reasonable Care

This refers to taking sensible steps to prevent defamation, like warning users not to make defamatory statements.

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Consent Defence

A defence where the person who was defamed agreed to the publication of the defamatory statement.

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Live Broadcast Defamation

In a live broadcast, the broadcaster is typically not considered the author/editor/publisher of defamatory statements made by callers, as they have limited control over the content.

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Website Operator Defamation

A website operator who moderates comments and approves defamatory content is considered the editor/publisher and cannot use the section one defence.

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Honest Opinion Defence

A legal defence that protects the expression of honest opinions, but not factual allegations. This is a commonly used defence in media.

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Requirements for Honest Opinions

An honest opinion defense requires the statement to be the speaker's genuine belief, recognizable as an opinion, based on provable facts, and referring to those facts.

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Limitations of Honest Opinion

Honest opinion cannot imply corruption or dishonor, be motivated by malice, or be based on unfounded allegations. It must be an opinion a reasonable person could hold.

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Recognizable Comment

A statement is considered comment when the reader understands it as an opinion, not a statement of fact. This allows for subjective interpretations.

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Absolute Privilege

A legal protection that shields journalists from defamation claims when reporting fair, accurate, and contemporaneous accounts of public court proceedings.

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Privilege in the Courts

Journalists have absolute privilege to report on court proceedings, inquests, and related documents accurately and fairly, even if the reported information is untrue.

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Fair Reporting

To be protected by absolute privilege, court reporting must be fair, which means representing the proceedings accurately and without bias.

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Contemporaneous Reporting

Journalistic coverage under absolute privilege must be contemporaneous, meaning reported at the same time as the event or proceeding it describes.

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Absolute Privilege in Parliament

Members of Parliament (MPs) and Lords have the right to say anything they want in Parliament without fear of legal action for defamation.

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Qualified Privilege for Journalists

Journalists have a limited right to report defamatory statements made in Parliament without facing legal consequences, as long as they accurately report the proceedings.

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Qualified Privilege: Government Public Information

Media reports accurately quoting or copying official statements and press releases from government bodies (like councils, ministries, police, etc.) are protected by qualified privilege.

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Qualified Privilege: Press Conferences

Media reports of press conferences (including press releases and leaflets), even if they were not read out, are protected by qualified privilege.

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Qualified Privilege: Public Meetings

Media reports of public meetings discussing matters of public interest are protected by qualified privilege.

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Qualified Privilege: Adjudicating Bodies

Media reports of findings and decisions (but not proceedings) of bodies like The FA, which adjudicate on art, science, religion, business, sport, etc., are protected by qualified privilege.

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Qualified Privilege: Annual General Meetings (AGMs)

Media reports of AGMs of publicly traded companies are protected by qualified privilege.

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Requirements for Qualified Privilege

To qualify for privilege, media reports must be fair and accurate, and the information must be of public interest.

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Reporting Allegations

When reporting allegations in a court case, you must clearly indicate that it is an accusation and not a proven fact. It's essential to avoid presenting allegations as established truths.

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Attributing Statements

Always attribute statements and quotes in court reporting. Indicate the source clearly, such as the jury, the prosecution, the defense, or the defendant.

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Defendant's Plea

When reporting a court case, always specify the defendant's plea. Clearly state whether they pleaded guilty or not guilty.

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Reporting Both Sides

If accusations are made and refuted, you must report both sides of the story. Present both the allegation and the defense's response for fairness.

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Absolute Privilege in Court

Individuals participating in court proceedings have absolute privilege, meaning they cannot be sued for what they said during the hearing.

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Qualified Privilege

Qualified privilege applies to certain reports, including court documents, parliamentary proceedings, and public inquiries, protecting the publisher from defamation claims if the report is fair and accurate.

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Defamation Act 1996

Part 1 of the Defamation Act 1996, now expanded by the 2013 version, provides qualified privilege to reports on court proceedings, protecting publishers from defamation claims if the reporting is accurate and fair.

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Study Notes

Defamation Defences

  • Honest Opinion: Protects expressions of honest opinion, cannot be used to defend factual allegations. Widely used by media.
  • Requirements of Honest Opinion: Published comment must be honestly held opinion, recognizable as opinion, based on provable fact or privileged material, and refer to the fact/information on which it is based.
  • Honest Opinion Limitations: Cannot suggest corruption/dishonor, be motivated by malice. Must be an opinion an honest person could hold given facts at the time. Cannot pluck allegations from thin air. A 'passing reference' to previous events can be enough factual basis.
  • No Corruption/Dishonour: Examples like lying, cheating, criminal activity prevent honest opinion defence if expressed as fact, even if presented as opinion.
  • Privilege under Defamation Act: Two forms:
    • Absolute privilege: Protects reporting of court cases that are fair, accurate, contemporaneous, and of publicly held proceedings.
    • Qualified privilege: Applies to non-contemporaneous court reports, Parliamentary proceedings, public inquiries, official statements, press conferences, media reports of international organizations, notices/documents from judges, and annual general meetings of listed companies.

Absolute Privilege in Courts

  • Fairness/Accuracy: Absolute privilege is not about reporting truth, but about reporting fairly and accurately what was said in open court, even if the allegations are false.
  • Requirements for fairness: Must give context (e.g. defendant's plea), must report both sides of an argument.
  • Publicity: Reporting must be of public proceedings and published contemporaneously.

Qualified Privilege in Part 1

  • Expanded coverage: Applies to expanded categories of media reports of non-contemporaneous court reports, proceedings of Parliament, public inquiries, conferences of international organizations, notices/documents from judges, and annual general meetings of listed companies.
  • Parliamentary/Official Statements: Qualified privilege protects reporting of statements made within Parliament.
  • Other Circumstances: Covers reports of courtrooms, tribunals, and other official proceedings.

Qualified Privilege in Part 2

  • Media Reports: Protects reports of copies or extracts of statements, press releases, quotes, interviews, documents, etc., issued for public information and on behalf of government. This includes local councils, central government, police, navy, army.
  • Public Meetings: Protects reporting of discussions at any public meeting relating to a matter of public interest, e.g. local authority meetings.
  • Adjudicating Bodies: Privilege for reports of findings and decisions made by bodies with the power to adjudicate (e.g., The FA, sporting bodies, academic institutions).

Qualified Privilege - Further Aspects

  • Required elements: Media needs to take fair, accurate, and unbiased reporting efforts in publication.
  • Publications to be reviewed: Articles and records published on websites, in print, or by other media.

Section 1, Defamation Act

  • When someone else comments: Protects against being sued if another commentator publishes a defamatory remark on your website or in a live broadcast.
  • Proof required: Need to show that the person making the comment on your platform didn't make the statement and were not the author/editor/publisher of the statement.

Broadcasters and Website Operators

  • General Defences: Need to show care during broadcast or publishing process.
  • Removal of Defamatory Content:
  • Moderation: Moderator actions on comments may constitute authorization or publishing of the content.

Regulation 19 - Website Operators

  • General Protection: Provides general protection to website moderators from defamation claims.
  • Comment Removal: Encourages immediate removal of any defamatory or illegal posts.
  • Breaches of Law: Protects the platform from instances of criminal activity in comments or posts.

Other Defences

  • Death of Complainant: If the complainant dies before the process can run through the court.
  • Settlement/Leave and Licence: If there was agreement to public statement.
  • Time Limits: Proceedings need to be initiated within one year of the publication.

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Related Documents

Defamation Defences PDF

Description

Test your knowledge on the various defamation defences, focusing on the honest opinion defence and its requirements and limitations. Learn about how it protects freedom of expression while ensuring accountability. Understand the nuances of privilege under the Defamation Act.

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