question 6

Question 1

What is privilege ?

Answer 1

When public interest demands complete freedom of speech without any risk of proceedings for defamation, even if statements are defamatory and even if they turn out to be untrue.

Question 2

What does privilege exist under?

Answer 2

Common law and statute.

Question 3

What is absolute privilege?

Answer 3

A complete answer and bar to an action for defamation only used in court cases.

Question 4

A absolute privilege will be fair and accurate if

Answer 4

1. it presents a summary of the cases put by both sides
2. it contains no substantial inaccuracies
3. it avoids giving disproportionate weight to one side or the other

Question 5

Requirement of absolute privilege

Answer 5

a fair and accurate report of judicial proceedings held in public within the UK, published contemporaneously

Question 6

What is qualified privilege?

Answer 6

Available as a defence for the publication of certain types of information. The information is important to society.

Question 7

Two requirements for qualified privilege

Answer 7

1. the published report must be fair and accurate, and published without malice
2. the matter published must be a matter of public interest, the publication of which is for the public benefit

Question 8

How would a journalist be denied qualified privilege?

Answer 8

if the court accepts the motive to be in spite and not to inform