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?

. To use the truth defence, a publisher must prove that all the claims complained of are true.

. To be protected by the defence of honest opinion, the material published must be:

. 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 during a court case someone who is not part of proceedings shouts something defamatory from the public gallery, can this safely be covered in a contemporaneous court report?

. To use the defence of qualified privilege, the published report must be fair and accurate, on a matter of public interest and published without _____.

. Schedule 1 of the 1996 Defamation Act sets out in Part I a list of statements having qualified privilege 'without explanation or contradiction' and in Part II a list of statements thus privileged but 'subject to explanation or contradiction'. What does 'explanation or contradiction' mean?

. A journalist who attends a meeting organised by a community group about anti-social behaviour in the local area will be able to use qualified privilege to defend any subsequent report.

. 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 sued for libel if a published comment contains a defamatory statement?

Back to top