Keeping out courts W2
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- Created by: DanielSmith02
- Created on: 04-10-21 17:18
What is the DIP test?
Claimaint must prove...
publication is defamatory
It identifies the claimant
Its published to a third party
publication is defamatory
It identifies the claimant
Its published to a third party
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What is Section 1 of the Defamation Act 2013?
Claimant must demonstrate 'serious harm' to sue or for a body that trades for profit, 'serious financial loss'
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What is an Innuendo?
A hidden or secondary meaning behind the normal meaning of the words which is obvious to people with certain knowledge
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What is an inference?
A statement with a secondary meaning understood by someone without special knowledge
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Explain 'identification by class'
A defamatory statement is made in reference to a group of people which is sufficiently small that each can sue for defamation
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How can pictures be defaming?
Through wrong captions, digital enhancement, stock pictures, etc...
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Explain the 'Identification' part in the DIP test?
Would the published statement reasonably lead to people acquainted with the claimant to believe s/he was the person referred to.
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Explain the 'Publication' part of the DIP test?
The statement must have been communicated to at least one other person other than the person it refers to.
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What is Section 2 of the Defamation Act 2013?
That Truth is a defence if you can show that the imputation complained of is substantially true on the balance of probabilities rather than prove allegation is true in substance and fact
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What is section 3 of the Defamation Act 2013?
The defence of 'Honest opinion' protects published opinion
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What are the 4 checkmarks for 'Honest opinion' to be a valid defence?
If honestly held opinion of person making it
Recognisable as opinion
Based on provably true fact or privileged material
Must indicate, even in general terms, the facts the comment is based on.
Recognisable as opinion
Based on provably true fact or privileged material
Must indicate, even in general terms, the facts the comment is based on.
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What is Section 3(5) of the Defamation Act 2013?
The defence fails if claimant proves defendant knew or should have known that they did not honestly hold the opinion.
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Absolute privilege applies to what 4 types of open proceedings?
Criminal courts
Civil courts
Inquests
Public inquiries under the Inquiries Act 2005
Civil courts
Inquests
Public inquiries under the Inquiries Act 2005
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What did the defamation Act 2013 extend privilege to?
Media reports of judicial proceedings anywhere in the world
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To have absolute privilege what 3 things must the report be?
Fair
Accurate
Published contemporaneously
Accurate
Published contemporaneously
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Under absolute privilege, what is your report covered for?
What is said in open court
What is read in open court
What's not read out but made officially available to you
What is read in open court
What's not read out but made officially available to you
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What does absolute privilege not cover you for?
Defamatory statements made outside court room
Defamatory outbursts from the public gallery by people not a party to the proceedings
Quoting from defamatory
Defamatory outbursts from the public gallery by people not a party to the proceedings
Quoting from defamatory
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What is qualified privilege for?
This is for publishing stories based on information, mainly from official sources.
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Where are the situations listed that attract qualified privilege?
Schedule 1 of the Defamation Act 1996 (widened by the 2013 Act)
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How many parts are there to Schedule 1 of the Defamation Act 1996?
2
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Where does part 1 apply to?
UK parliaments and parliaments worldwide
Material official made available by government
Public inquiries set up by central govt worldwide
Documents required by law to be available to public
Non contemporaneous report of open court proceedings (including r
Material official made available by government
Public inquiries set up by central govt worldwide
Documents required by law to be available to public
Non contemporaneous report of open court proceedings (including r
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What must your report be if using qualified privilege?
Fair
Accurate
Published without malice
Is a matter of public interest and public benefit
Accurate
Published without malice
Is a matter of public interest and public benefit
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What does part 2 apply to?
Local inquiries
Public meetings
Press conferences
Official statements issued by police, councils and govt agencies
Open meetings/committees/sub-committees of councils
General meetings of uk public company
documents issued to members of a listed company
th
Public meetings
Press conferences
Official statements issued by police, councils and govt agencies
Open meetings/committees/sub-committees of councils
General meetings of uk public company
documents issued to members of a listed company
th
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Under part 2, what must the media do if requested?
If requested by a party defamed in the statement , the media must publish a reasonable letter or statement by way of contradiction or explanation
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What does the defamed person have the right to then do?
The right to make a reasonable reply or explanation
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What makes your defence fail?
If you don't publish the letter
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So what is the difference between part 1 and part 2 of Schedule 1?
Part 1 where you don't have to give the right of reply and part 2 where you do
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Other cards in this set
Card 2
Front
What is Section 1 of the Defamation Act 2013?
Back
Claimant must demonstrate 'serious harm' to sue or for a body that trades for profit, 'serious financial loss'
Card 3
Front
What is an Innuendo?
Back
Card 4
Front
What is an inference?
Back
Card 5
Front
Explain 'identification by class'
Back
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