Part 3 - Defamation Law and Court Reporting

Question 1

How much time do claimants have to initiate a libel action?

Answer 1

One year from the first publication of the material complained about.

Question 2

What are the three steps to answers on defamation defences?

Answer 2

1. Identify relevant defence and say why it applies to this scenario.
2. Outline all requirements to this defence.
3. Apply defence to scenario if answering a scenario question.

Question 3

What must a media report of an ongoing trial make clear in order to be considered fair?

Answer 3

That the defendant denies the change and that the case is not yet concluded.

Question 4

What does the law appear to insist in order to maintain absolute privilege?

Answer 4

That only each day/session of proceedings is reported fairly, accurately, or contemporaneously. Does not insist whole trial be reported but a fair outline of both cases should be given.

Question 5

What may be potentially libellous in court reporting?

Answer 5

If a media organisation does not report from a single session in a court case at least some of the defence case in that session (cross examination is part of a defence case).

Question 6

When might the absolute privilege defence fail?

Answer 6

If a case report is too one-sided and therefore unfair.