Libel quiz 11
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This document contains a series of multiple choice questions about defamation law in English law: 1. The first question asks if the given definition of defamation is correct, which it is. 2. The second question discusses whether it is the judge or jury's role to determine if words are defamatory, stating that it is the judge who decides if words could be defamatory and the jury who decides if they actually are defamatory. 3. The third question notes that defamation and libel are interchangeable terms that both refer to the publication of a false statement that damages someone's reputation. 4. The document then discusses whether juxtaposition, such as
Libel quiz 11
- 1. 1. The definition of defamation in English law is: "the publication of a statement which tends to lower a person in the estimation of right- thinking members of society generally, or which tends to make them shun or avoid that person". Is this a correct definition of defamation? • Yes No 2. Would it be correct to say in most cases that "it is for the judge to decide whether the words are capable of a defamatory meaning and, if they are, it is for the jury to decide if they do in reality constitute a defamation of the plaintiff"? • no Juries only ever estimate the damages and decide nothing else in a case. The judge only ever guides the jury, and they decide everything. yes 3. Would it be correct to say that "defamation" and "libel" are two interchangeable words and that they mean the same thing in reality? • yes Libel, unlike defamation, is only ever spoken and never written. Libel is is a defamation where financial loss occurs no 4. Would it be possible to defame someone by simple juxtaposition? By this is I mean depicting them in a derogatory position. An example of this would be a museum placing a waxwork of someone not guilty of murder in a "chamber of horrors". • no yes only if they are politicians only if they are public figures prior to the defamation 5. In English law we are allowed to make "fair comment" on a matter of public interest. Amongst other things would it be true to say that the test of this defence includes whether it is "an honest person expressing their genuine opinions"? • Yes No Lucy Taylor
- 2. 6. In which branch of English law is defamation normally found? • equity criminal law human rights tort 7. Every time a defamatory statement is made there is a fresh publication and this is actionable. Is there a special defence for publishing something defamatory that is open to an internet company, this defence arising when the company does not know that a publication on its web site is defamatory? • Yes No 8. Which one of the following publications is not open to a defence of "absolute privilege"? • a testimonial given to an employer statements in the course of Parliamentary proceedings relevant statements made in official legal proceedings fair and accurate reports of proceedings in the European Court of Justice 9. In ordinary circumstances is it a defence to show that the defendant never intended to refer to the person defamed? • yes, but only if the defamed is not a politician yes no yes, but only if the person defamed is not publicly known 10. George Carman QC recently died at the age of 71. He was a renowned libel lawyer. Do you know where he was born? • Southend -on-sea, England Blackpool, England just off Middle Temple Lane in London, England Ayr in Scotland Lucy Taylor