Mini Exam With Gerry

Question 1

Which court would bankruptcy or divorce cases be heart in?

Answer 1

County court - within civil courts

Question 2

Name 3 sources of law in the UK?

Answer 2

Common law
Precedent
EU law

Question 3

What kind of offences are heard at crown court?

Answer 3

Indictable only offences + some either way offences.

Examples - murder, serious fraud

Question 4

What is the name given singly or collectively to barristers?

Answer 4

Counsel !!!

Question 5

What are the two main divisions of law?

Answer 5

Criminal and civil

Question 6

What is the serious harm test in defamation cases ?

Answer 6

Any statement that is likely to or causes serious harm to someone’s reputation.

Question 7

What are the 3 criteria a claimant has to prove to sue successfully in libel law?

Answer 7

The DIP test :
- Defamation : it must be proven to be defamatory - likely to or has caused serious harm to reputation
- Identified : person has to be identified (even if they are not named - they can be identified as person referred to)
- Published : statement has to be published to a third person

Question 8

What are the potential dangers of not naming someone when publishing a potential defamatory comment?

Answer 8

• they might still be identified through the statement. If they are seen to be the person referred to

E.g. if you made a defamatory statement that a worker at a crematorium was guilty of theft. If there was only one worker there - he would be identified!

Mistaken identity
- Banbury CID

Question 9

Who can and cannot sue in libel law?

Answer 9

Who can sue: individuals who believe they have been defamed
Companies - criteria for this is: any business who can prove they have or are likely to suffer serious financial loss.

Who cannot sue :
The dead - the family on their behalf, public bodies, the government

Question 10

What does the repetition rule mean in libel law?

Answer 10

Any fresh publication of a defamatory statement can lead to more defamation legal action

Question 11

What is the ‘single publication law’ in libel law?

Answer 11

Brought in in 2013.
A defamatory statement published online can only be subject to defamation cases once - when it is published online the first time

Question 12

What are the main defences a journalist has against a defamation claim? (There’s 8) bloody hell

Answer 12

• truth defence - when you can prove something is substantially true on balance of probability
• honest opinion - 4 requirements : recognisable as opinion, based on true facts, must be honestly held review, bust inducing the fact or information on which it is based
• qualified privilege part 1 - defence for reporting what is said in Parliament, as long as you report fairly and accurately in public interest.
• qualified privilege part 2- for official documents, press releases -> you can report on these if you report fairly and accurately on a matter of public interest AND if defamed person requests - they can add a reasonable statement to your piece.
• absolute privilege - whatever is said in open court can be reported as long as it is fair and accurate
• innocent dissemination - section 1 defence of 1996 defamation act - if websites allow comments - online organisations should not monitor those comments - because that is seen as moderation. If someone is defamed on those comments and someone alerts you - you then remove them. 2013 update - you can monitor and filter out defamatory comments.
• protection of accord and satisfaction - if someone complains about something - you come up with agreed words between you that would be published. Then no more legal action can take place.
• offer of amends - if you try to make amends judge will take that into consideration.

Question 13

What is the honest opinion defamation defence?

Answer 13

Section 3 of 2013 act

1- must be recognisable as comment or opinion - ‘I’ think that ….
2- must be based on provably true facts - the production took place
3- must be honestly held view - not motivate by malice.
4- must indicate the fact of information on which it is based. - you’ve witnessed show’s star forgetting his lines. Need justification for your bad review.
Matthew wright fell foul of this !

When doing questions on this give examples.

Question 14

What are the criteria for court reports to maintain absolute privilege?

Answer 14

Remember MPS have parliamentary privilege so can’t be done for defamation.

• must report accurately
• fairly
• Contemporaneous (must be published at first opportunity)
• from public court cases

Question 15

What are the criteria for qualified privilege to be met in any reports of public bodies? Part 1

Also tell me part 2 about verbal statements

Answer 15

Fair
Accurate
Matter of public interest without malice

Part 2 - defamed person on request can get their reasonable explanation or contradiction published. (Right to reply)

Question 16

What is the term for a person who sues another in civil law?

Answer 16

Claimant

Question 17

What Is the definition of a concurrent sentence?

Answer 17

More than one prison sentence is handed down and You serve the highest one for both sentences.

6months for this, 5 months for this - you would serve 6 months in total.

Question 18

What does ‘fair dealing’ mean in copyright law ?

Answer 18

You should avoid excessive copying of other people’s stories.

You can rewrite someone else’s story but copying a story to avoid this - but verbatim is not qualified in fair dealing defence.

Crediting interviews!

With video - can use up to 8 seconds without asking permission!

Question 19

Is there a public interest defence in copyright law? How successful
Is this?

Answer 19

In very rare occasions of public health/ dangers.

if someone published leaked designs of new car running really cheap and super cool without consent - this would be breach of copyright and there is no public interest defence.

However - reading post. Lifted still images from a website of people in derelict buildings - in order to warn people to not do this sort of thing. Arguably there’s public interest here !!! They won the case

Question 20

What is the threshold for contempt under the contempt of court act?

Answer 20

The strict liability rule = nothing should be published that creates a substantial risk of serious or substantial prejudice against active legal proceedings.

In the questions you’d say something like - proceedings are active so you must do x y z

Question 21

What is the section 5 defence (contempt of court 1981)and what protection does it give to journalists?

Answer 21

Section 5 defence = a publication made in good faith or public affairs or other matters of general public interest is not treated as contempt of court under strict liability rule IF the risk of prejudice is merely incidental

Question 22

When does a case become active in contempt law?

Answer 22

Arrested
Arrest warrant
Summons
Charge

Question 23

What defence can a journalist plead if they didn’t know a case was active?

Answer 23

Section 3 of contempt of court act.

If you have taken all reasonable and proactive steps to find out if a case is active and document this- and conclude it wasn’t- this could be a defence when you breach the strict liability rule

Question 24

What is the standard of proof in civil cases ?

Answer 24

On balance of probabilities

Question 25

What is the standard of proof in criminal cases ?

Answer 25

Beyond reasonable doubt

Question 26

What legal restrictions apply to journalists approaching jury members during a trial?

Answer 26

Illegal to speak to them about the trial!

Can speak to them about general experiences - but even then you can’t name them or reference specific case.

Under section 20e of juries act 1974

Question 27

Which law prevents the taking of pictures in and around court?

Answer 27

Section 41 Criminal justice act 1924 - illegal to take photography in a court room and in court precincts, people entering and leaving etc …includes sketch artists !!!

Question 28

Can we use other people’s video clips in our stories?

Answer 28

• With consent you can use the whole thing
• without consent it is copyrighted. But you can use 8 seconds of it!!
• this is according to the fair dealing defence!

Question 29

What rights does the commissioner have in copyright law?

Answer 29

Photographer has copyright on photographs.

But commissioner has moral rights to the photos if they are of a private or domestic nature.

Need to get permission from both to use the image !

Copyright, designs and patents act! 1988

Question 30

When does a case cease to be active

Answer 30

Acquitted
Sentenced
Case dropped
Released without charge

Question 31

What remedies does an individual have for breach of copyright Jr.

Answer 31

Legal costs
Financial damages
Take picture down
Court ordered injunction to prevent publication

Question 32

What does the term majority verdict mean?

Answer 32

Something a judge might order if jurors cannot reach unanimous verdict

This could be 10-2, 11-1 unless reduced jury

Question 33

Which type of court would u find a district judge?

Answer 33

Magistrates
County courts

Question 34

And what age to children become legally liable for their actions and can be charged?

Answer 34

10!!!

Question 35

What kind of offences are heard at magistrates court and who decided guilt?

Answer 35

Summary offences and some either way offences.

District judge or magistrates decide guilt.

Question 36

What is the maxminim sentencing power of magistrates if they commit someone to prison?

Answer 36

More than one offence - 12 months

One offence - 6 months

Question 37

What is mitigation ?

Answer 37

Defence counsel explanation to magistrates or judge of extenuating circumstances that led to offence taking place. In this - there is a plea for leniency.

Question 38

Who determines guilt at a crown court trial?

Answer 38

Jury !

Question 39

How many people make up a jury at crown court?

Answer 39

12

Question 40

Is the reported press release asking for help from the police to apprehend a fugitive protected from a defamation claim ?

Answer 40

Qualified privilege part 2- because it’s an official press release - as long as you report fairly accurately and in the public interest it is fine.

Person getting defamed can give reasonable statement to be added to piece

Question 41

Name 2 types of prejudicial material contempt law says the press should not publish before a criminal trial is fully heard

Answer 41

Past convictions
Identification - name, images

Question 42

What time limit does a person have to sue the media for defamation after a libel has been published ?

Answer 42

12 months / 1 year

Question 43

Can need organisations be held legally liable for defamatory comments on their websites

Answer 43

Section 1 of Defamation act of 1996 - monitoring comments was seen as moderation. But if you’re told about defamatory comment you should remove it.

2001 - demon internet - woman reports comment they didn’t remove it and were sued

2013 defamation act - updated. Now online publications don’t have to remove straight away, but can monitor to weed out defamatory comments

Question 44

What do you understand by the term strict liability where criminal cases are concerned!

Answer 44

Strict liability rule - nothing should be published that creates a substantial risk of serious prejudice or impediment of active legal proceedings

Strict liability - you can still be prosecuted even published something prejudicial without realising

Question 45

What are the criteria that determines a breach of confidence ?

What would allow publication of a story that breaches confidence?

Answer 45

Criteria:
- info released must be confidential
- Person disclosing must have obligation of confidence
- must be detrimental to person / company - who has had this info breached

What would allow publication to breach?
- public interest !
- lion labs vs Watford observer led to this = faulty breathalyser !

Question 46

Should a police officer prevent a journalist taking photos / filming in a public place?

Answer 46

No criminal law saying you can’t film or photograph in a public place.

College of Policing guidelines say journos have rights to film and photograph in public place, media should be given a Vantage point if busy!

Question 47

Can a reporter tweet reports from a court room during a trial?

Answer 47

Yes.

You just can’t record anything. Texts based sending of reports during court sessions are allowed as long as device is silent and unobtrusive.