Paper 3.5b - Obscenity & Defamation Flashcards
What is obscenity?
Items that are likely to corrupt or deprave people seeing it.
Deprave = pervert, morally corrupt.
TRUE OR FALSE: Obscenity is a strict liability offence and requires no intention in order to be guilty.
True, this was the case in Penguin.
What Act dictates how obscenity operates?
Obscene Publications Act 1959.
s1(2) of the OPA states what?
‘Publication’ has a wide meaning - could be film, sound, pictures, books, etc.
s2(1) of the OPA states what?
It is an offence to publish an obscene article for gain.
What year was the second OPA introduced and what did it ban?
1964, banned publishing an obscene article for the gain of another.
s4 of the OPA gives D what defence?
Defence of public benefit - i.e. if there was great public benefit to the obscenity, d is not guilty.
What is another equivalent, common law charge for obscenity? Name one case example of this.
Outraging Public Decency. (Shaw) (Gibson)
What is defamation? What are its two forms?
Defamation is making up lies in order to damage someone’s public perception. It can be in the form of libel, which is permanent (eg films, books, writing) or slander which is transient (spoken words).
What Act defines how defamation is governed?
The Defamation Act 2013.
What four things must C prove to have a successful defamation suit?
- D’s statement was defamatory (incorrect).
- D’s statement identified C.
- Statement was published to a third party.
- Likely to cause serious harm.
What are the five defences to defamation? Which of these are defined under The Defamation Act 2013?
Truth,
Honest opinion,
Public interest,
Internet defence,
Privilege.
What is the truth defence in a defamation case and what section of the Defamation Act is it from?
Means the statement d made was substantially true (balance of probabilities).
Comes from s2 of TDA 2013.
What is the honest opinion defence in a defamation case and what section of the Defamation Act is it from?
Means the statement d made was true to the best of their knowledge.
Comes from s3 of TDA 2013.
What is the public interest defence in a defamation case and what section of the Defamation Act is it from?
Means the statement d made is beneficial to the public. This depends on the nature of the sources, whether there was an effort to verify the truth and whether d was given the opportunity to comment.
Comes from s4 of the TDA 2013.
What is the Internet defence in a defamation case?
Allows social media companies a defence from defamation suits if they didn’t post the defamatory comments; also known as innocent dissemination.
What is absolute privilege in a defamation case?
Judges and MPs have a right to not be sued for defamation at court/in Houses of Parliament.
What is qualified privilege in a defamation case?
Academic journals and references made in good faith are protected from defamation.
