Stuff that always comes up Flashcards
What are the requirements for qualified privilege
Accurate, fair, published without malice and in the public interest and to retain QP, a publisher must publish a letter of statement of explanation/contradiction if required to do so by anyone who feels they have been defamed
What are the requirements for the truth defence
Can be proved to be substantially true on the balance of probabilities
What are the requirements of Honest Opinion?
Must be an honestly-held opinion, must be recognisable as comment or opinion, must be based on provably true facts or material and must indicate the fact of information on which it is based e.g. half the menu wasn’t available.
What must the court consider under a privacy claim
Whether there is a reasonable expectation of privacy
What can you publish about a victim of sexual assault
Nothing - no age, school/workplace, address, still or moving image or any matter likely to lead to their identification.
You can if they sign a written waiver, but they have to be over 16 but nobody must have interfered unreasonably with the peace and comfort of the victim with the intention of obtaining it.
Which Clause number is confidential sources
14
Which Clause number is Privacy
2
Which Clause number is Victims of Sexual Assault
11
Which Clause number is hospitals
8
Which Clause number is intrusion into grief or shock
4