Chapter 26 Self-test questions

. Case law has established that there are three elements in a breach of confidence. Which of the following expresses one of them, as regards the type of information which this law aims to protect?

Information which would if published be defamatory

Information which has 'the essential quality of being private'

Information which has 'the potential to betray confidence'

Information which has the 'necessary quality of confidence'

. In law, an 'obligation of confidence' can arise in a personal relationship – for example, a husband owes his wife a duty of confidence as regards confidential things she says to him in the marriage.

True

False

. Breaking an injunction can lead to what action against a publisher:

Legal action for defamation

Legal action for contempt of court

Being ordered by the regulator to pay a fine

Being ordered by the regulator to print an apology

. When an interim injunction is in force, this means:

The confidential information can't be published by the newspaper which the injunction has been brought against, but can by another media organisation

The confidential information can be published until a full injunction is brought

The confidential information can't be published by any media organisation

The confidential information has to lie on file with the court

. As a remedy for a breach of confidence, a court can order the publisher of the information to pay damages or to provide an account of ____.

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