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Chapter 20 Self-test questions
Freedom of expression
Quiz Content
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not completed
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.
Free expression guides the 'marketplace of ideas'.
correct
incorrect
Free expression constitutes the 'lifeblood of democracy'.
correct
incorrect
Free expression ensures that 'sunlight is the best disinfectant'.
correct
incorrect
Free expression acts as the paradigm of individual freedom and this 'distinguishes human beings from animals'.
correct
incorrect
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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.
It optimistically assumes that everyone is capable of making determinations that are both sophisticated and intricately rational if they are to separate truth from falsehood.
correct
incorrect
It overlooks the fact that just as markets in goods and services can be distorted, so the marketplace of ideas may also malfunction.
correct
incorrect
It fails to acknowledge that there is an intimate relationship between democratic values and economic ideas.
correct
incorrect
It overstates the case for state regulation of the ideas industry.
correct
incorrect
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Which of the following are protected forms of expression under Article 10 ECHR? Select
all
that apply.
Political debates
correct
incorrect
Pornographic films
correct
incorrect
Hate speech
correct
incorrect
Tasteless art
correct
incorrect
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Under the HRA, all speech which qualifies for protection under Article 10 is afforded the same level of protection.
True
correct
incorrect
False
correct
incorrect
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The government implemented the recommendations of the Leveson inquiry in full.
True
correct
incorrect
False
correct
incorrect
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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.
How likely is it that the publication will come to the attention of a potential juror?
correct
incorrect
What would be the impact of the article on the average reader?
correct
incorrect
What is likely to be the residual impact on a juror at the time of the trial?
correct
incorrect
How clearly written is the article in question?
correct
incorrect
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A witness's refusal to answer a question can constitute contempt in the face of the court.
True
correct
incorrect
False
correct
incorrect
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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?
Protecting the rights of others
correct
incorrect
Protecting morality
correct
incorrect
Ensuring public safety
correct
incorrect
Preventing the commission of crime
correct
incorrect
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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.
True
correct
incorrect
False
correct
incorrect
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Which of the following are legitimate defences to publishing otherwise defamatory content? Select
all
that apply.
The statement was true.
correct
incorrect
It was in the public interest for the statement to be published.
correct
incorrect
The subject of the statement had a possibility to respond.
correct
incorrect
The statement reflected honestly held opinion.
correct
incorrect
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Which of the following sorts of expression attract absolute privilege in the defamation context? Select
all
that apply.
Statements made by Parliamentary candidates during the run-up to a General Election
correct
incorrect
Court proceedings
correct
incorrect
Statements made by the police
correct
incorrect
Statements made in Parliament
correct
incorrect
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There is no content-based regulation of free speech in the United Kingdom.
True
correct
incorrect
False
correct
incorrect
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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?
The Act confirmed that nothing within it was intended to be read in a way which prohibited expressions of 'antipathy, dislike, ridicule or insult' of religious beliefs or practices.
correct
incorrect
The Act confirmed that nothing within it was intended to be read in a way which prohibited expressions of 'mocking, humiliation, degradation or harassment' of those who observed religious practices.
correct
incorrect
The Act confirmed that nothing within it was intended to be read in a way which could criminalise expressions which did not incite violence.
correct
incorrect
The Act confirmed that nothing within it was intended to be read in a way which prohibited expressions of 'malice, aggression, hatred or incitement to violence'.
correct
incorrect
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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 ________.
Your response
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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.
True
correct
incorrect
False
correct
incorrect
*
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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.
The fact that Campbell was a drug addict.
correct
incorrect
The fact that she was receiving treatment for her addiction.
correct
incorrect
The fact that the treatment that she was receiving was provided by Narcotics Anonymous.
correct
incorrect
The details of the treatment.
correct
incorrect
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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 ________.
Your response
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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.
Your response
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Which of the following actions are prohibited under section 1 of the Official Secrets Act 1911? Select
all
that apply.
Trespassing upon a prohibited government facility
correct
incorrect
Passing secret information onto 'an enemy'
correct
incorrect
Protesting upon a runway in a military base
correct
incorrect
Criticising the military on the Internet
correct
incorrect
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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.
True
correct
incorrect
False
correct
incorrect
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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.
True
correct
incorrect
False
correct
incorrect
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