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Questions and Answers

Under which circumstance does publication not constitute defamation due to consent?

  • If the individual later revokes consent for publication
  • If the press exceeds the terms of initial consent given
  • If the press reports on private matters without consent
  • If the individual later claims defamation after inviting the press (correct)

What legal principle prevents a plaintiff from filing a new lawsuit after a case has already been determined?

  • Deferment of judgment
  • Res Judicata (correct)
  • Statute of limitations
  • Accord and satisfaction

In defamation cases, what is a key challenge regarding the death of the plaintiff?

  • Only the family members can sue for damages through inheritance
  • Reputation is considered a personal possession, limiting the ability to sue (correct)
  • Establishing the intent of the defamer becomes more difficult
  • Only business entities can sue for defamation

What defense against defamation can arise from a mutual settlement between the parties involved?

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

What type of document can be reported without risk of defamation, assuming fair and accurate representation?

<p>Proceedings before a public inquiry appointed by the government (B)</p> Signup and view all the answers

What is required before instituting a defamation action if the person concerned is deceased?

<p>Consent from the attorney general (C)</p> Signup and view all the answers

What is the main difference between libel and slander?

<p>Libel is a permanent form of defamation, while slander is temporary and spoken. (D)</p> Signup and view all the answers

Which of the following is NOT a condition for libel as established in case law?

<p>The publication must have been made within a week. (A)</p> Signup and view all the answers

Which of the following forms of communication would classify as libel?

<p>Writing a negative review on a blog (B), Posting a defamatory comment on social media (D)</p> Signup and view all the answers

What type of slanderous statement can be actionable without proof of special damage?

<p>An insult or vulgar abuse. (B)</p> Signup and view all the answers

Under the essentials of defamation, which of the following must the plaintiff demonstrate?

<p>That the words were defamatory (A)</p> Signup and view all the answers

What aspect differentiates slander from mere vulgar abuse?

<p>Slander must have a defamatory nature rather than just being insulting. (A)</p> Signup and view all the answers

Which of the following statements accurately describes a broadcasting defamation according to the law?

<p>Broadcasting includes visual images and gestures. (A)</p> Signup and view all the answers

Which of the following statements regarding absolute privilege is true?

<p>Absolute privilege applies to specific officeholders during official duties. (B)</p> Signup and view all the answers

Under what condition does qualified privilege fail as a defense in defamation cases?

<p>If the plaintiff proves the defendant acted with express malice. (D)</p> Signup and view all the answers

Which of the following best describes fair comment in defamation law?

<p>It pertains to expressions of opinion based solely on proven facts. (C)</p> Signup and view all the answers

Which characteristic distinguishes absolute privilege from qualified privilege?

<p>Qualified privilege requires proof of malice for the defense to fail. (B)</p> Signup and view all the answers

In which scenario would a newspaper reporter likely enjoy qualified privilege?

<p>Fair and accurate reporting of legislative proceedings. (B)</p> Signup and view all the answers

What is a key feature of absolute privilege regarding statement veracity?

<p>The statement can be false and still enjoy protection. (B)</p> Signup and view all the answers

Which of the following is a criterion for reporters to qualify for privilege?

<p>Reports must be fair and accurate of public proceedings. (B)</p> Signup and view all the answers

What type of privilege is applicable when communication is made between spouses?

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

Flashcards

Libel

Defamatory statement made in a visible or permanent form, like writing, printing, broadcasting, or other media.

Slander

Defamation through spoken words or gestures.

Defamatory statement (Libel or Slander)

A statement that harms someone's reputation.

Essentials of Defamation (3 points)

The plaintiff needs to prove:

  1. The words were defamatory
  2. The words referred to the plaintiff
  3. The defendant published the statement.
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Actionable (Slander)

Requires proof of special damage(Negative consequences) unless the statement falls into certain specific categories.

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Libel Requirements (5 points)

  1. Written/permanent form; 2. Publication must be false; 3. Publication to someone other than plaintiff/defendant; 4. Defamatory publication about plaintiff; 5. Publication by the defendant.
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Dead Person's Defamation

Defamation against a dead person is permitted, but consent from the Attorney General might be necessary.

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Fair and accurate report

A report of proceedings from a public enquiry or court outside Nigeria, or extracts from public documents is considered a valid defence against defamation.

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Consent to Publication

If someone willingly allows press coverage or an interview, the press can use this as a defense against defamation claims, as long as it stays within the agreed-upon limits.

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Death of Plaintiff

A defamation claim can't be pursued if the person who was defamed is deceased, unless the defamation impacts family members or other parties are involved.

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Res Judicata

A legal defense, preventing a plaintiff from refiling the same defamation case again, as there has already been a ruling.

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Accord and Satisfaction

Mutual agreement between parties resolving the defamation dispute to the satisfaction of both.

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Defamation Law 1961, Section 8

Deals with libel/slander cases where statements are a mix of fact and opinion. A 'fair comment' defense is possible even if not all facts are proven true, as long as the opinion itself is fair.

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Fair Comment Defense

A legal defense in defamation cases where an opinion is expressed alongside facts. The defense succeeds if the opinion is fair, even if some facts are not fully proven.

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Privilege (Defamation)

A legal defense in defamation cases, providing immunity from liability for specific statements. There are two types of privilege.

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Absolute Privilege

Complete immunity from a defamation lawsuit, regardless of truth or malicious intent. Applies to specific individuals/situations.

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Absolute Privilege Examples

Statements made by President, Governors, High Court Officials, and Legislators in their official duties, or communications between spouses.

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Qualified Privilege

Partial immunity from a defamation lawsuit. It requires a duty to speak and a duty to hear, and it can be lost if the speaker acted with malice.

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Qualified Privilege Examples (News)

Reporters in states with specific laws have qualified privilege for fair and accurate reports of legislative proceedings, international organization conferences, and international court proceedings.

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Malice (in Defamation)

Intentional wrongdoing or a knowing publication of false statements. A key factor in determining liability under qualified privilege.

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Study Notes

Introduction to Media Law

  • Laws are rules created by nature or human authority to govern the natural world and human behavior within a community.
  • Two broad categories of laws exist: natural law (e.g., scientific laws) and man-made law (e.g., human rights declarations).
  • Man-made laws are established by governing bodies for specific purposes, to regulate people's conduct within a defined society.
  • Man-made laws are typically changeable, adaptable to the needs of the governing body.
  • Natural laws are unchanging and universal.
  • Nigeria's laws are divided into civil law (protecting individual rights) and criminal law (defining crimes).

The Purpose of Law in Society

  • Laws contribute to: regulating human behavior, balancing individual and community interests, setting boundaries for acceptable conduct, and shaping society's structures.

Media Regulation

  • Governments globally regulate various sectors, including the mass media.
  • Mass media regulation is crucial for ensuring free expression, but over-regulation can stifle it.
  • The media is regulated by formal and informal mechanisms in Nigeria:
    • Constitutional Provisions
    • Statutes
    • Ethical guidelines
    • Informal restraints
  • Nigeria's 1999 constitution covers media freedom, specifically emphasizing freedom of expression.

History of Press Freedom in Nigeria

  • Early attempts to regulate the press in Nigeria.
  • The establishment of initial laws and enactments.
  • Ongoing struggles for press freedom in Nigeria.

What is Press Freedom?

  • Press freedom is the ability to report facts accurately and impartially even if negative.
  • A variety of rights and freedoms that make up the notion of press freedom.

Media Laws

  • Laws pertaining to the operation of mass media.

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