Chapter 15 Self-test questions

. When used regarding defence of qualified privilege, the term 'malice' means ill will, spite, improper motive or lack of honest belief in the truth of the statement.

True

False

. Which of the following is not required for the 'offer of amends' under the Defamation Act 1996?

A sufficient apology to the aggrieved party.

Proof by the defendant that he neither knew nor should have known that the statement was false and defamatory.

Offer of a suitable correction of the statement complained of.

An agreement to pay appropriate compensation and costs.

. Which of the following types of statement is absolutely privileged?

An employment reference.

All statements made by members of both Houses of Parliament.

Communication between a solicitor and client relating to judicial proceedings.

. Which statement below is accurate regarding Watt v Longsdon?

Publication to the plaintiff's wife was not covered by qualified privilege.

Watt illustrates the ways in which 'political information' may or may not be protected by privilege.

Publication to the company chairman was not covered by qualified privilege.

Publication to the plaintiff's wife was defended on the grounds of justification.

. Although the public interest defence introduced by s 4 of the Defamation Act 2013 replaces the Reynolds privilege defence, it is intended to reflect the Reynolds principles. Which of the following is not a factor that might be taken into account in determining the defendant's belief when he published the statement?

The urgency of the matter.

The tone of the article.

The steps taken to verify the information.

The political persuasion of the journalist.

. In Jameel v Wall Street Journal Europe it was held that the defendants had not satisfied the requirements of responsible journalism.

True

False

. Which if the following is not a requirement of the defence of honest opinion?

That the comment was based on true facts.

That the statement must have political content.

That the statement distinguish between fact and opinion.

That the statement be on a matter of public interest.

. Which of the following cases is the odd one out?

John v News Group Newspapers

Rantzen v MGN

Tolstoy v UK

Kiam v MGN

. Which article of the European Convention on Human Rights was not at issue in Steel and Morris v UK?

Article 5.

Article 6.

Article 10.

. Which of the following is best described as a 'complete defence' to an action in defamation?

Qualified privilege.

Justification.

Honest opinion (which replaces the common law defence of fair comment).

Unintentional defamation.

. The Defamation Act 2013 aims to ensure that people who have been defamed are able to ttke action to protect their reputation and are not unjustifiably impeded by actual or threatened libel proceedings.

True

False

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