What law is the source for public interest defence?
Section 4, Defamation Act, 2013
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What is the law source for 'Innocent dissemination defence'?
Section 1, Defamation Act, 1996
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Who does S1, Def Act, 1996 give legal protection to?
Gives legal protection to website operators, live news radio, TV programmes and live interviews, including phone-ins.
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What must the defence show for innocent dissemination defence to work?
That you "took reasonable care and did not know or have any reason to know that had caused or contributed to the publication of a defamatory statement."
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What helps to succeed with the S1 defence regarding the posting?
Remove posting as soon as complaint received
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What is Section 5, Defamation Act, 2013?
As long as they can show they didn't post the statement themselves on their website
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When is the S5 defence unavailable?
3 reasons.
Where the poster has anonymity - claimant unable to launch proceedings.
Take posting down immediately or defence fails
Defence also fails if claimant can show website operator acted with malice over the posting of the material.
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What set of regulations offers wider protection for illegal postings online?
Regulation 19 of Electronic Commerce Regulations, 2002
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When receiving complaints, what can be dangerous and why?
Apologising can mean you are conceding liability
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What must you not disguise correction as?
A follow up story as you may repeat the libel
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What does Section 1 of the Contempt of Court Act 1981 say?
Strict liability means intent is irrelevant to prosecution
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What does Section 2 of the Contempt of Court Act 1981 say?
Strict liability contempt applies to any publication where proceedings are active and when publication creates a substantial risk of serious prejudice or impediment to particular proceedings
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What makes proceedings active?
Warrant issued for arrest
Arrest
Summons issued
Orally charged
Served with document specifying charge
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What makes proceedings inactive?
Arrested person is released without charge
No arrest within 12 months of issued warrant
Case is discontinued
Defendant is unfit to be tried or to plead or the charges are allowed to be on file
Defendant acquitted / sentenced
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What information is safe to publish?
Basic information is generally safe to publish
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Other cards in this set
Card 2
Front
What is the law source for 'Innocent dissemination defence'?
Back
Section 1, Defamation Act, 1996
Card 3
Front
Who does S1, Def Act, 1996 give legal protection to?
Back
Card 4
Front
What must the defence show for innocent dissemination defence to work?
Back
Card 5
Front
What helps to succeed with the S1 defence regarding the posting?
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