Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Essential Media Law and Regulation Exam > Defamation > Flashcards

Defamation Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What does defamation law do?

A

Protects an individual’s personal and professional reputation from unjustified attack

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the relevant laws?

A

Defamation Act 1996: Established defamation and its defences

Defamation Act 2013: Imposed that defamation cases to be heard without a jury; cases heard by a judge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What definitions are there?

A
  • Tort: civil wrong
  • Defamatory statements: published or spoken that affect the reputation of person, company or organisation
  • Libel: defamatory statement in written form
  • Slander: defamatory statement that’s spoken
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What Act governs libellous statements?

A

Broadcasting Act 1990 and Theatres Act 1968 covers defamatory statements spoken in radio, television, cable or web broadcast.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who can sue for defamation?

A
  • Any citizen, or any corporation
  • Local or central government can’t sue for defamation unless it’s about property or statement can be proven to be malicious
  • Trade unions can sue for defamation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What must be proven to sue successfully for defamation?

A

Must prove DIP

Defamatory
Identified (can prove it was about person sueing)
Published

Claimant does not have to prove statement is false

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What else must be proven?

A

Under Section 1 of Defamation Act 2013 claimant must show statement has caused serious harm to their reputation

To prove ‘serious harm’ there has to be a factual impact. I.e. on companies they could show a financial loss

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How is defamation defined?

A
  • Disparaging them in their profession, trade, business
  • Exposing to hatred, ridicule or contempt, causing them to be shunned or avoided
  • Lowering them in estimation of right-thinking members of society/reasonable people generally
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How can you test what is defamatory if its subjective?

A

The test is what a ‘reasonable person’ would think the statement means. Statement must be read in full and in context, i.e. what is considered defamatory now may not have been 20 years ago.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Who can be sued for defamation?

A

Reporter, subeditor, editor, publisher, broadcaster

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What can be defamatory?

A
  • Wrong photo falsely identifying someone
  • Headline must match the body of text
  • Statements that are fine on their own but in context of piece are defamatory
  • Inference
  • Innuendo
  • Repetition rule: copying defamation means you can be sued
  • Section 8 Defamation Act 2013 brought in single publication rule for online, prior to this every publication online was seen as fresh libel. Can’t protect a different publisher repeating the material.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What conditions are there on sueing for defamation?

A
  • Must sue within a year of the incident. Reporters should date their notebooks, recordings and research
  • It is presumed the statement is false, so defendant has to prove it is true. This is proven on ‘balance of probabilities’ (more or less likely to have happened than not)
  • You cannot defame a dead person and your family can’t sue after you die on your behalf
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What about group defamation?

A

A whole group can sue (largest amount ever sued has been 35) because you have not specifically called out an individual in that group

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why may it be hard to fight a defamation action?

A
  • Uncertainty about how judge may interpret meaning of statement
  • Difficult to prove truth behind allegation. Claimant doesn’t have to prove statement is false
  • Huge damages if trial is lost
  • Huge legal costs
  • May be better to settle out of court
  • Could just publish an apology, but must refer to lawyers as runs risk of accepting liability
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What defences have journalists enjoyed in recent years?

A
  • Section 1 of Defamation Act 2013 states claimant must prove serious harm to reputation. Courts have been harsher on claimants who can’t prove this recently
  • Section 4 of Defamation Act 2013 protects publication of defam statement if iin public interest
  • Article 10 of the European Convention on Human Rights and Human Rights Act 1998 protects freedom of expression
  • Widening of qualified privilege
  • Liberalising of honest opinion defence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How can journalists deal with defamation?

A
  • Publishing a prompt apology via Accord and Satisfaction: apology and correction needs to be approved and accepted at time of publication by the claimant, then they’ll agree not to sue.
  • However, have to be careful with this as it could admit liability
17
Q

But if the journalist did want to fight the case, what could they plead?

A
  • Absolute privilege (Section 14 Defamation Act 1996): Applies to fair and accurate reports of court proceedings, published contemporaneously
  • Qualified privilege
  • Truth
  • Honest opinion
18
Q

How can you prove a report is fair and accurate?

A
  • It presents a summary of the case put by both sides
  • Contains no substantial inaccuracies
  • Avoids giving disproportionate weight to one side
  • All allegations must be attributed to be accurate
  • Getting all other terminology correct, i.e. who is witness, what charges are etc.
19
Q

Who has absolute and qualified privilege?

A

MPs have absolute privilege in Parliament. Reports have qualified privilege to report on defamatory statements in Parliament. Absolute privilege doesn’t cover statements made outside of court.

20
Q

What is part one of qualified privilege?

A

Covered by Part 1 of Schedule 1 of Defamation Act 1996

Covers statements without need of explanation or contradiction

Include fair and accurate reports of proceedings in public that are not contemporaneous, anywhere in world

21
Q

What kind of report does absolute privilege cover?

A
  • Reports from Parliament
  • Reports from court (non contemporaneous)
  • Extracts from court documents (Companies House, etc)

To be covered by this reports must be:

  • Fair and accurate
  • Without malice
  • In public interest
22
Q

What is second part of qualified privilege?

A

Part 2 of Schedule 1 of Defamation Act 1996 covers statements subject to explanation or contradiction.

Will be protected if publisher issues a letter by way or explanation or correction.

23
Q

What kind of report does qualified privilege cover?

A
  • Info for the public published by government
  • Public meeting reports
  • Press officer statements
  • Official documents

To be covered by this reports must be:

  • Fair and accurate
  • Without malice
  • In public interest
  • If asked to produce an apology letter it must be produced
24
Q

How does the ‘truth’ defence work?

A

Truth is covered by Section 2 of the 2013 Act

Publications have to prove statement is ‘substantially true’, so 51% of it was true. Pubs reluctant to use it because they have to prove that %.

I.e. if you generalise and call someone a thief, prosecution would argue that implies they steal regularly i.e.only 10% true.

Can be difficult because:

  • Costly
  • Witnesses often reluctant to come forward
  • Standard of proof needed so high

Evidence media can use for truth:

  • Witnesses
  • Medical records
  • Photos/videos
  • Police reports
  • Signed statements
25
Q

What is the ‘honest opinion’ defence?

A

Covered by Section 3 of the Defamation Act 2013

Protects published opinion rather than factual statements

Four requirements must be met for this defence:

  1. Claimant must genuinely hold this view
  2. Must be recognisable as comment or opinion
  3. Must be based on provably true facts or privileged material
  4. Must indicate the fact on which it is based

Does not have to prove the truth of the comment but must be an opinion a reasonable person could hold.

26
Q

What is the public interest defence?

A

Covered by Section 4 of the Defamation Act 2013

If they can prove it was in public interest when published

27
Q

What is leave and licence?

A

A defence where defendant can prove the claimant authorised the words to be published

28
Q

What happens if readers comments are defamatory?

A

Journalist can cite Section 1 of the Defamation Act 1996 to say the pub took reasonable care with publication, and that they didn’t know comments were defamatory

The Electronic Commerce Directive Regulation 19 (2002) says that media are not responsible if comments aren’t usually moderated, and if they remove them as soon as alerted/ removed ‘expeditiously’.

Section 5 of Defamation Act 2013 provides a defence for websites who can prove they didn’t post that material. But it fails if they received a complaint but didn’t respond.

29
Q

What cases could you use for defamation?

A

Depp v News Group Newspapers Ltd 2020

Depp lost libel case against The Sun over an article that called him a ‘wife beater’.

Judge found 12 of 14 alleged incidents of domestic violence were true.

The Sun could prove what they had published was ‘substantially true’

Essential Media Law and Regulation Exam (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions