Defamation Lecture 12: Understanding the Basics of Defamation Law
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Questions and Answers

What is the main focus of Defamation as a tort?

  • Freedom of speech
  • Financial compensation
  • Interests in reputation (correct)
  • Preventing physical harm

In a defamation case, what is the burden of proof for the claimant?

  • Filing an injunction
  • Proving the statement was defamatory and published (correct)
  • Ensuring the statement is true
  • Suing the defendant

What is the complete defense to the tort of defamation?

  • Offering financial compensation
  • Obtaining an injunction
  • Claiming freedom of speech
  • Proving the statement is true (correct)

Which law applies in cases related to Defamation?

<p>Human Rights law (A)</p> Signup and view all the answers

According to the Defamation Act 2013, who does it aim to offer clearer protection for?

<p>Individuals, members of the press, scientists, and academics (D)</p> Signup and view all the answers

What aspect of defamation did S 11 DA specifically address?

<p>Removal of presumption in favour of jury trials (B)</p> Signup and view all the answers

What is the limitation period for filing a defamation claim?

<p>1 year (C)</p> Signup and view all the answers

In a defamation case, what factor solely determines liability?

<p>Untruthfulness of the statement (D)</p> Signup and view all the answers

In which case was the defendant held liable for causing 'real and substantial distress' and 'harm' to reputation?

<p>Monroe v Hopkins (2017) (B)</p> Signup and view all the answers

Which case established a new threshold that requires claimants to prove serious harm to their reputation?

<p>Lachaux v Independent Print Ltd (2019) (A)</p> Signup and view all the answers

What test is determined by what 'right-thinking members of society' should think?

<p>'Reasonable person' test (C)</p> Signup and view all the answers

Which case discussed whether describing an actor as 'hideously ugly' is defamatory?

<p>Berkoff v Burchill (1966) (C)</p> Signup and view all the answers

The Supreme Court in Stocker v Stocker (2019) emphasized that the interpretation of words should rely on:

<p>Context and the understanding of an ordinary reader (D)</p> Signup and view all the answers

'Serious harm' must be proved as a threshold in which case according to Lord Justice Davis?

<p>Lachaux v Independent Print Ltd (2019) (C)</p> Signup and view all the answers

Which court unanimously rejected an appeal and held that serious harm needed to be proven as a matter of fact?

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

'How should words be interpreted?' is a discussion point in which case?

<p>'Meaning of words' case (A)</p> Signup and view all the answers

In defamation law, True (or legal) innuendo can be described as:

<p>Words that are innocent but become defamatory when combined with known extrinsic facts (C)</p> Signup and view all the answers

According to Tolley v JS Fry and Sons (1931), what made the amateur golfer's picture in an advertisement defamatory?

<p>He was pictured without his knowledge (D)</p> Signup and view all the answers

What was the outcome in Cassidy v Daily Mirror Newspaper Ltd (1929) regarding Mr. Cassidy's image with a young woman?

<p>It led to people believing the woman was Mr. Cassidy's mistress (D)</p> Signup and view all the answers

What is popular innuendo in the context of defamation law?

<p>Defamatory nature apparent without extrinsic facts needed (D)</p> Signup and view all the answers

In Lewis v Daily Telegraph (1964), what led the courts to reject the chairman's defamation claim?

<p>Publication as a whole presented a neutral view of the company (A)</p> Signup and view all the answers

What distinguishes primary publishers from secondary publishers in defamation law?

<p>Primary publishers create and issue the material, while secondary publishers distribute it (C)</p> Signup and view all the answers

'Publication' in defamation law refers to:

<p>Communication of the statement to at least one person other than the claimant (A)</p> Signup and view all the answers

'Reference to claimant' in defamation cases involves:

<p>'Sensible reader' identifying the claimant without specific naming (D)</p> Signup and view all the answers

What was the outcome of the case Derbyshire County Council v Times Newspaper (1993)?

<p>The local authority was unable to sue for libel due to public interest concerns. (B)</p> Signup and view all the answers

In the case Karpov v Browder (2013), why was the claimant not held liable for defamation by a UK-based investment fund manager?

<p>The claimant could not establish a reputation in the UK. (C)</p> Signup and view all the answers

Which legal document can be invoked in a defamation action under UK law due to its incorporation in the Human Rights Act 1998?

<p>European Convention on Human Rights (ECHR) (B)</p> Signup and view all the answers

What did the case Steel and Morris v UK (2005) highlight as a breach of Art 10 of the ECHR?

<p>Denial of legal aid to campaigners for non-defamation cases. (B)</p> Signup and view all the answers

In the case Godfrey v Demon Internet (1999), why was the defendant held liable for defamation even though they were not the author?

<p>They failed to take reasonable care after being asked to remove the defamatory statement. (A)</p> Signup and view all the answers

What was the ruling in Metropolitan International Schools Ltd v Designtechnica Corporation, Google UK and Google Inc (2009)?

<p>Google was not liable as it had no control over the search terms or user-generated content. (A)</p> Signup and view all the answers

What did S 1 of the Defamation Act 1996 extend to operators of communications systems?

<p>The principle of innocent defamation even if reasonable care is taken. (A)</p> Signup and view all the answers

What makes cyber-defamation difficult in terms of identifying the maker of the statement?

<p>Operators often do not take responsibility for monitoring user-generated content. (C)</p> Signup and view all the answers

What is the main distinction between libel and slander?

<p>Libel involves written statements, while slander involves spoken statements. (B)</p> Signup and view all the answers

Which statement is true about special damage in defamation cases?

<p>Special damage must be stated and proved in cases of slander. (A)</p> Signup and view all the answers

In defamation law, who are the words typically assessed to have an adverse effect on?

<p>The right-thinking members of society (B)</p> Signup and view all the answers

What is the significance of the Defamation Act 1952 regarding statements of incompetence?

<p>It clarified that statements of incompetence need to be related to the plaintiff's professional activities. (A)</p> Signup and view all the answers

Under the Defamation Act 1962, what is required to establish defamation on the offending items in radio and television?

<p>Publication in a permanent form (B)</p> Signup and view all the answers

What is the key difference between libel under common law and current law as per the Defamation Act?

<p>Libel under common law was actionable per se, whereas now serious harm (or likeliness) is required. (B)</p> Signup and view all the answers

What implications does the Broadcasting Act 1990 have on defamation involving radio or television?

<p>It sets regulations for defamatory words, pictures, and visual images on radio or television. (A)</p> Signup and view all the answers

What standard was set by the House of Lords in Sim v Stretch (1936) regarding lowering reputation?

<p>'Lowering in the estimation of right-thinking members of society generally' (C)</p> Signup and view all the answers

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