Chapter 22 Self-test questions

When defending a libel action, a media organisation relying on the truth defence must prove the truth of what was published. What standard of proof will the court apply when deciding whether the organisation's version of events or the claimant's should be accepted as the truth?

It will decide 'on the balance of probabilities'

It will decide if sure 'beyond reasonable doubt'

It will decide 'on the balance of likelihood'

It will decide 'after reasonable consideration of possibility'

To be protected by the defence of honest opinion, the material published must be '____________'. Which of the following supplies the missing words?

a fair opinion expressed reasonably

an opinion all reasonable people would honestly hold

the informed opinion of the person making the comment

the honestly held opinion of the person making the comment

For journalists absolute privilege protects what?

Reports of Parliamentary proceedings

Reports of council committees

Reports of official statements made by the police

Reports of court cases

A media report of a court case will be protected by absolute privilege if the case was heard in public, the report is published contemporaneously, and it is 'fair and _______'

If a court reporter to meet a deadline files a report based only on the prosecution opening in a trial, because that is all the court has heard, the media organisation which publishes it runs the risk of a libel action because it does not contain the defence case.

True

False

A report of a press conference will enjoy the protection of qualified privilege if there was a general invitation to the press to attend and if all that defence's requirements are met. Why in law does this protection exist?

Because the report is merely repeating what was said at the press conference

Because in law, such a press conference is equivalent to a public meeting

Because the Defamation Act 1996 specifically refers to press conferences

Because the Lord Chief Justice has approved all reporting of press conferences

A radio reporter, if threatened with a libel action because of a report he/she compiled and presented on air, is always the best person to quickly draft an apology to be broadcast, because he/she knows the facts of the matter.

True

False

In a libel action, if a media organisation's defence is that the claimant agreed to the publication of the material now complained of, it is using the defence known as 'leave and ______"

If a media organisation allows readers to post comments on its website, but its journalists check them all before they appear there, could it be successfully sued for libel if a published comment contains a defamatory, untrue assertion of 'fact'?

No, because the organisation is not the author of the comment

No, because the honest comment defence will always apply

Probably, yes

No, because by checking them it removed its responsibility

Quiz Content