Chapter 20 Self-test questions

Freedom of expression

Quiz Content

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Many arguments can be invoked to justify the protection of speech and expression. Which of the following are examples of such arguments? Select all that apply.

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Which of the following are the two main criticisms of the 'marketplace of ideas' argument for justifying the protection of the right to freedom of expression? Select all that apply.

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Which of the following are protected forms of expression under Article 10 ECHR? Select all that apply.

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Under the HRA, all speech which qualifies for protection under Article 10 is afforded the same level of protection.

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The government implemented the recommendations of the Leveson inquiry in full.

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Which of the following questions form part of the test laid down in MGN v Attorney General to determine whether there is a substantial risk of serious prejudice for the purposes of the Contempt of Court Act 1981? Select all that apply.

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A witness's refusal to answer a question can constitute contempt in the face of the court.

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Proceedings for defamation undoubtedly risk interfering in the freedom of others to speak freely. What is the primary justification for doing so?

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The Defamation Act 2013 introduced a new threshold into the law of defamation: now successful claimants must demonstrate that 'serious harm' occurred.

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Which of the following are legitimate defences to publishing otherwise defamatory content? Select all that apply.

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Which of the following sorts of expression attract absolute privilege in the defamation context? Select all that apply.

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There is no content-based regulation of free speech in the United Kingdom.

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The Racial and Religious Hatred Act 2006 drew controversy in some quarters for representing a risk to free expression. Which part of the Act's wording sought to ensure that the Act was not misinterpreted in a manner which could jeopardise free speech?

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In its case law under Article 10 ECHR, the European Court of Human Rights has quite readily approved of states' regulation of obscene publications, largely relying on the notion of protecting public ________.

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Although a significant decision, Campbell v Mirror Group Newspapers Ltd is best understood as simply having refined the scope of the tort of breach of confidence.

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In the case of Campbell v Mirror Group Newspapers Ltd the House of Lords held that there was a public interest justifying the publication of two pieces of information. Of the following four, which two were they? Select two answers.

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In the case of Peck v UK, the European Court of Human Rights explained the basis on which to judge whether the publication of photos taken in public will entail a breach of privacy. The court explained that the key question is whether the disclosure under challenge resulted in exposure going beyond that which the claimant could possibly have ________.

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In the case of Von Hannover v Germany the European Court of Human Rights sought to lay down a test as to when an expectation of privacy would arise. In essence, that court suggested that Article 8 would be triggered whenever an individual could rely on a _____ expectation of privacy.

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Which of the following actions are prohibited under section 1 of the Official Secrets Act 1911? Select all that apply.

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Section 1 of the Official Secrets Act 1989 implements a particularly strict threshold of liability for breaches of security and intelligence information: no particular consequences need be demonstrated for an offence to occur.

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Section 3 of the Human Rights Act has required the courts to read a public interest defence into the Official Secrets Act 1989.

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