Defamation Defences Quiz
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Questions and Answers

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?

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

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

    <p>Proof that an offense was committed.</p> Signup and view all the answers

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

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

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

    <p>£15,000</p> Signup and view all the answers

    What additional amount was awarded as aggravated damages?

    <p>£5,000</p> Signup and view all the answers

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

    <p>To prevent repetition of the defendant's misconduct</p> 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?

    <p>£85,000</p> Signup and view all the answers

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

    <p>If they are untrue but in the public interest</p> 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?

    <p>The House of Lords' reluctance to award a considerable sum to a footballer</p> 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?

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

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

    <p>Criticism of high legal fees</p> Signup and view all the answers

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

    <p>The requirement had been satisfied</p> 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)?

    <p>The HoL rejected the denial of defence</p> 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?

    <p>To safeguard freedom of speech</p> 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?

    <p>Inadequate verification of facts by the newspaper</p> Signup and view all the answers

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

    <p>Honest comment</p> Signup and view all the answers

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

    <p>Opinion based on true facts</p> Signup and view all the answers

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

    <p>Defendant was held liable</p> Signup and view all the answers

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

    <p>Lack of evidence of efficacy of treatments</p> 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?

    <p>'Honest comment' by individuals</p> Signup and view all the answers

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

    <p>'Comments must be based on true facts'</p> Signup and view all the answers

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

    <p>'Working out the difference'</p> Signup and view all the answers

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

    <p>'Lowering the burden'</p> 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?

    <p>'No defamation occurred'</p> Signup and view all the answers

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

    <p>Clarity and accuracy in posting details</p> 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?

    <p>Mr. Reynold succeeded at the first trial but was awarded no damages.</p> 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?

    <p>Circumstantial Test</p> 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?

    <p>The nature, status, and source of the material published</p> 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?

    <p>Setting either too high or too low standard is not appropriate.</p> 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?

    <p>'Absolute privilege'</p> 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?

    <p>Proof of malice</p> 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)?

    <p>'Special Political Information' defense was rejected.</p> Signup and view all the answers

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

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

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

    <p>'Moderate'</p> Signup and view all the answers

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

    <p>Whether statement is one of fact or opinion</p> 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?

    <p>Privilege</p> 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?

    <p>Judicial privilege</p> 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?

    <p>Watt v Longsdon (1930)</p> Signup and view all the answers

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

    <p>Defamation Act 1996</p> Signup and view all the answers

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

    <p>The defence was rejected because the statements were untrue.</p> Signup and view all the answers

    What is the primary purpose of damages in defamation cases?

    <p>Compensate for loss of reputation and injury of feelings</p> Signup and view all the answers

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

    <p>'Horrocks v Lowe (1975)'</p> Signup and view all the answers

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

    <p>'Bill of Rights 1868'</p> Signup and view all the answers

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

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

    'Judicial privilege' covers communications between which two parties?

    <p>'Solicitor and client'</p> Signup and view all the answers

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