Defamation Defences Quiz

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What does the Defamation Act 1996 provide in relation to resolving disputes?

It allows defendants to claim lack of knowledge about defamatory facts as a defense.

It mandates a formal procedure to resolve disputes early with parties' agreement. (correct)

It eliminates the need to establish fault on the part of the defendant.

It introduces harsh rules to discourage defamation cases.

What is the role of truth as a defense in defamation cases under the law discussed?

Truth only applies when every word of the statement is accurate.

Truth replaces the common law defense of 'justification'. (correct)

Truth is not considered a valid defense in defamation cases.

Truth must be proven literally, without any deviation.

According to Section 2(1) of the Defamation Act, what does the law presume about a defamatory statement?

The law presumes a defamatory statement to be true.

The law presumes a defamatory statement to be false. (correct)

The law presumes a defamatory statement to be exaggerated.

The law presumes a defamatory statement to be irrelevant.

In the case of Alexander v North Eastern Railway Co (1865), what did the court allow as a defense regarding truth?

A substantial truth is acceptable even if not every word is literally true. Signup and view all the answers

Under Section 13 of the Civil Evidence Act 1968, what does evidence of conviction serve as?

Proof that an offense was committed. Signup and view all the answers

How does the Rehabilitation of Offenders Act 1974 impact criminal convictions?

It allows certain criminal convictions to be spent after a period of time. Signup and view all the answers

How much were the general damages awarded in the case mentioned?

£15,000 Signup and view all the answers

What additional amount was awarded as aggravated damages?

£5,000 Signup and view all the answers

What was the primary reason for granting an injunction for five years by the court?

To prevent repetition of the defendant's misconduct Signup and view all the answers

In Grobbelaar v News Group Newspaper Ltd (2002), what was the initial amount of damages awarded by the jury before being reduced by the House of Lords?

£85,000 Signup and view all the answers

According to Lord Neuberger MR, what is required for allegations to be freely publishable?

If they are untrue but in the public interest Signup and view all the answers

What key factor influenced the decision to reduce the damages awarded in Grobbelaar v News Group Newspaper Ltd (2002) to £1?

The House of Lords' reluctance to award a considerable sum to a footballer Signup and view all the answers

In the case of Jameel v Wall Street Journal Europe (2006), why was the defendant not entitled to qualified privilege?

They did not allow enough time for the claimant to comment on the article Signup and view all the answers

What notable criticism is mentioned regarding legal funding in the text?

Criticism of high legal fees Signup and view all the answers

What did the Supreme Court rule in Flood v Times Newspaper (2012) regarding responsible journalism?

The requirement had been satisfied Signup and view all the answers

How did the House of Lords differ from the Court of Appeal in Jameel v Wall Street Journal Europe (2006)?

The HoL rejected the denial of defence Signup and view all the answers

According to Lord Neuberger MR, why should a claim for defamation fail even if an allegation is untrue but published in the public interest after reasonable verification?

To safeguard freedom of speech Signup and view all the answers

What was the rationale behind denying the defence in Flood v Times Newspaper (2012) according to the Court of Appeal?

Inadequate verification of facts by the newspaper Signup and view all the answers

What is the alternative term used for 'fair comment' in the Defamation Act?

Honest comment Signup and view all the answers

In the case of London Artists Ltd v Littler, what was emphasized as a requirement of the defence?

Opinion based on true facts Signup and view all the answers

What was the outcome in Spiller v Joseph (2010) regarding the statement made about the band?

Defendant was held liable Signup and view all the answers

Why did the CoA not hold Dr Singh liable in British Chiropractic Association v Dr Singh (2010)?

Lack of evidence of efficacy of treatments Signup and view all the answers

What is a key factor in determining whether a statement is a matter of public interest according to Section 4 of the Defamation Act?

'Honest comment' by individuals Signup and view all the answers

What did Lord Phillips emphasize regarding the requirement for a valid defence?

'Comments must be based on true facts' Signup and view all the answers

In the context of defamation, what is the central difficulty when distinguishing fact from opinion?

'Working out the difference' Signup and view all the answers

What new approach was introduced by Lord Phillips regarding defense statements?

'Lowering the burden' Signup and view all the answers

What did the Court of Appeal determine in British Chiropractic Association v Dr Singh regarding the words written by Dr Singh?

'No defamation occurred' Signup and view all the answers

What did Spiller v Joseph (2010) focus on regarding the defendant's comment?

Clarity and accuracy in posting details Signup and view all the answers

In Reynolds v Times Newspapers Ltd (2001), Mr. Reynold sued The Times for an article that he believed contained defamatory statements about his handling of a political crisis. What was the outcome of the first trial?

Mr. Reynold succeeded at the first trial but was awarded no damages. Signup and view all the answers

What additional test was created by the Court of Appeal in Reynolds v Times Newspapers Ltd regarding qualified privilege?

Circumstantial Test Signup and view all the answers

What factor did Lord Nicholls list in Reynolds v Times Newspapers Ltd as part of the non-exhaustive factors to consider when making a factual inquiry into the circumstances of each case?

The nature, status, and source of the material published Signup and view all the answers

In Loutchansky v Times Newspaper Ltd (No 2) (2002), what did the court emphasize regarding setting the standard of journalistic responsibility?

Setting either too high or too low standard is not appropriate. Signup and view all the answers

Which defense allows the defendant to claim immunity from any claim of defamation, similar to communications between solicitor and client during legal proceedings?

'Absolute privilege' Signup and view all the answers

What is an essential factor for the defense based on 'public interest' under Section 4 of the Defamation Act?

Proof of malice Signup and view all the answers

What was the court's stance on creating a special category of qualified privilege for 'political speech' in Reynolds v Times Newspapers Ltd (2001)?

'Special Political Information' defense was rejected. Signup and view all the answers

'Qualified privilege' differs from 'absolute privilege' in that it:

'Qualified privilege' depends on certain conditions being met for immunity. Signup and view all the answers

'Reynolds v Times Newspapers Ltd' emphasized that journalistic responsibility should be:

'Moderate' Signup and view all the answers

'Public interest' as a defense under Section 4 of the Defamation Act is based on:

Whether statement is one of fact or opinion Signup and view all the answers

What defence was raised in Roberts v Gable CA (2008) for the accused parties regarding the accusations of stealing money?

Privilege Signup and view all the answers

In the context of defamation, which type of privilege applies to all statements and communications between solicitor and client?

Judicial privilege Signup and view all the answers

Which case established that for a statement to be considered privileged, the person making or receiving the statement must have an interest or duty to provide or receive the information?

Watt v Longsdon (1930) Signup and view all the answers

Under what act does the defence extend to peer-reviewed scientific or academic journals?

Defamation Act 1996 Signup and view all the answers

What was the outcome of Singh v Weayou (2017) regarding the defence of qualified privilege?

The defence was rejected because the statements were untrue. Signup and view all the answers

What is the primary purpose of damages in defamation cases?

Compensate for loss of reputation and injury of feelings Signup and view all the answers

Which case emphasized that a defence is destroyed by malice, irrespective of any hostility or ill will?

'Horrocks v Lowe (1975)' Signup and view all the answers

Under which statute is absolute privilege granted for debates and proceedings in Parliament?

'Bill of Rights 1868' Signup and view all the answers

'Qualified privilege' defense applies to which kind of statements?

'Statements made to parties with an interest or duty to receive them' Signup and view all the answers

'Judicial privilege' covers communications between which two parties?

'Solicitor and client' Signup and view all the answers