Self-test questions: Defamation

. Zoe is at the beach and writes in the sand in large letters, "Xavier is a liar and cheat" - the tide comes in 20 minutes later and washes away the writing. Which of the following statements is correct?

This is a libel and actionable.

This is a libel but only actionable with proof of special damages.

This is a slander and actionable.

This is a slander but only actionable with proof of special damages.

This is neither libel nor slander

. Meryl sends a Snapchat message (which lasts for just 10 seconds) to all of her 125 contacts "Jenny has been stealing money from her employer, I've caught her on camera.". Which of the following statements is correct?

This is a libel and actionable.

This is a libel but only actionable with proof of special damages.

This is a slander and actionable.

This is a slander but only actionable with proof of special damages.

This is neither libel nor slander.

. Which of the following examples is a slander rather than a libel?

A speech in the street

Dictated statements

Theatre productions

Broadcasts

Films

. The Daily News newspaper published a story with the headline "Local Council in dodgy dealings - taking kickbacks for planning applications to fix a hole in their budget!". The Council sues the Daily News for defamation. Which of the following statements is correct?

The council can sue for libel.

The council cannot sue for libel as they are a governmental body.

The council can sue for libel as only central governmental bodies are unable to be defamed.

The council cannot sue for libel as they are akin to a political party who are unable to be defamed.

The council can sue for libel as they are akin to a company.

. In which case will you find the basic test for whether reputation has been harmed, that the statement "tends to lower the plaintiff in the estimation of right-thinking members of society generally"?

Sim v Stretch [1936]

Tolley v Fry & Sons Ltd [1931]

McAlpine v Bercow [2013]

Reynolds v Times Newspapers [2001]

Lachaux v Independent Print [2019]

. Becky, a journalist, writes a review for The Daily News newspaper describing Cheryl, a much-loved television personality, appearing in her latest television programme where she tries her hand at learning to dance ballet as "utterly repulsive and disgusting". Is this statement defamatory?

No, it is merely banter which is not actionable.

No, it is a criticism of her abilities in a new skill, not an attack on her reputation.

No, it is merely a criticism of her appearance, not an attack on her reputation.

Yes, it is defamatory as the attack on her appearance is particularly damaging to the reputation of someone in the public eye.

Yes, it is defamatory, the criticism of her appearance is damaging to someone in the public eye.

. A documentary programme "True Crime Scenes" exploring and investigating criminal offences is broadcast on national television, the episode relates to an unsolved murder in Oxford from 5 years ago. Meanwhile simultaneously on social media, many members of the public are tweeting about the show, Federico tweets to his 43,000 followers "Erik in Oxford - who'd have thought it?" Is the tweet defamatory?

Yes, this is defamatory on its face.

Yes, this is a false innuendo defamation.

Yes, this is a true/legal innuendo defamation.

No, this is not defamatory.

No, this is not defamatory unless you know who Erik is.

. Is a statement actionable in defamation if it is aimed at a third party but defames the Claimant?

Yes, it is actionable even if the Claimant was not the intended subject.

Yes, it is actionable if the Defendant reasonably believed that it would defame more than one person.

No, it is not actionable, the Defendant must intend to make a statement about the Claimant.

No, it is not actionable if the Defendant did not reasonably believe that it would defame the Claimant.

No, it is only actionable if the Defendant was reckless about making the statement.

. In which of the following situations will there be NO actionable defamation.

Publication by the Defendant who did not intend to disseminate the allegation, but where dissemination was foreseeable.

Publication by omission.

Publication within a private group only, with a limited number of people.

Publication to the Claimant and their immediate family only.

Publication to the Claimant only.

. In which case did the Supreme Court consider the question of the serious harm threshold test in s.1 Defamation Act 2013?

Thornton v Telegraph Media Group Ltd [2010]

Lachaux v Independent Print [2019]

Flood v Times Newspapers [2012]

Tamiz v Google Inc [2013]

Lord McAlpine of West Green v Bercow [2013]

. Jai is bringing a claim for defamation against The Daily News who published an article stating that he was "dishonest and untrustworthy". Jai has a number of criminal convictions for fraud and theft offences. Which of the following statements is correct?

Jai has a good claim for defamation as the statement is clearly defamatory and no defences apply.

Jai's claim for defamation is likely to fail as the defence of truth will apply.

Jai's claim for defamation is likely to fail as the defence of honest opinion will apply.

Jai's claim for defamation is likely to fail as the defence of public interest will apply.

Jai's claim for defamation is likely to fail as the defence of innocent dissemination will apply.

. The Daily News publish an article online on their own website alleging that the leader of the local Environmental Activists' Party (EAP) has been covering up the dumping of hazardous toxic waste in their local area, in return for financial support for their political campaigning from the company dumping the toxic waste. This is untrue, but is based upon an anonymous informant who is a member of the EAP. Which of the following statements is correct?

The leader has a good claim for defamation, as the statement is clearly defamatory and no defences apply.

The Daily News has not sufficiently identified the Claimant so there is no actionable defamation.

The leader's claim for defamation is likely to fail as the defence of truth will apply.

The leader's claim for defamation is likely to fail as the defence of public interest will apply.

The leader's claim for defamation is likely to fail as the defence of being the operator of a website will apply.

. Dr. Shah writes an article criticising Elsie who touts a combination of "ground toadstools and rhino horns" as a cure for arthritis. In it, she expresses the view that the reader should look to medical science for treatments and cures, and that the "ground toadstools and rhino horns" treatment recommended by Elsie has no scientific basis whatsoever and would be doomed to failure, misleading patients. Which of the following statements is correct?

Elsie has a good claim for defamation and no defences apply.

Elsie's claim for defamation is likely to fail as the defence of truth applies in this situation.

Elsie's claim for defamation is likely to fail as the defence of honest opinion applies in this situation.

Elsie's claim for defamation is likely to fail as the defence of public interest applies in this situation.

Elsie's claim for defamation is likely to fail as the defence of qualified privilege applies in this situation.

. Vanessa is an MP (Member of Parliament) and she makes a statement in Parliament in relation to Nadiya who is one of her constituents that she is a fraudster and embezzles money through her business. Nadiya brings a claim in defamation. Which defence should Vanessa use against this claim for defamation?

Truth

Honest Opinion

Public Opinion

Absolute Privilege

Qualified Privilege

. Leah runs a website for families in her local area, which includes a message board forum where users can post comments. An anonymous person posts a defamatory statement on the message forum about Mikhael who sues Leah for defamation. Leah argues that she has a good defence to defamation under s.5 Defamation Act 2013 that she had not posted the statement herself, whereas Mikhael argues that he can defeat the defence. Which of the following statements is correct?

Mikhael can defeat the defence if he can show that he gave Leah a notice of complaint in relation to the statement.

Mikhael can defeat the defence if he can show that it is not possible for him to identify the person who posted the statement.

Mikhael can defeat the defence if he can show that it is not possible for him to identify the person who posted the statement and he gave Leah a notice of complaint in relation to the statement.

Mikhael can defeat the defence if he can show that he gave Leah a notice of complaint in relation to the statement and she failed to respond to the notice of complaint.

Mikhael can defeat the defence if he can show that it is not possible for him to identify the person who posted the statement and he gave Leah a notice of complaint in relation to the statement, and Leah failed to respond to the notice of complaint.

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