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Media Law 3
number three
156
Accounting
Pre-School
01/18/2015
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Term
What is the the youngest age at which you can receive a police caution?
 Definition
10
Term
Is a caution a conviction?
 Definition
A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime.
Term
Held on remand
 Definition
Someone who has been arrested and charged and is then kept in prison rather than being let out on bail.
Term
An indictment
 Definition
In the common law system this is the formal accusation that someone has committed a crime.
Term
What is the maximum sentence for breaching an injunction?
 Definition
Five years in jail. However, prison is not normally the punishment the first time someone goes against an injunction.
Term
Newton hearing
 Definition
Occurs in cases where both sides produce such conflicting evidence that the jury weighs up the evidence alone without a jury.
Term
What is the aim of the PACE act?
 Definition
To balance the powers of the police against the rights of the public to privacy and other freedoms.
Term
Power of attorney
 Definition
When you appoint someone else to act as your legal agent.
Term
Prima Facie
 Definition
First look/impression. Assumed to be correct until proved otherwise.
Term
What privileges do QC barristers get?
 Definition
They are invited to the Lord Chancellor’s breakfast. They wear silks. They receive a seal from HRM
Term
Can solicitors become QCs?
 Definition
Yes.
Term
What are the repercussions of the single publication rule in the Defamation Act?
 Definition
It means publishers can't be subject to an infinite number of lawsuits for the same story.
Term
What is the time frame for someone bringing a defamation case?
 Definition
One year from the publication of the information.
Term
What does someone not domiciled in the UK have to prove in order to bring a defamation case here?
 Definition
That England and Wales are clearly the most appropriate place for the statement to be heard.
Term
Can defamation charges be brought against someone who wasn't the author, editor, or a publisher of a statement?
 Definition
Not unless the court is satisfied it is not practicable for a claim to be made against the author, editor, or publisher.
Term
Which court hears defamation cases?
 Definition
The Queen's Bench division of the Court of Appeal.
Term
Who tries defamation cases?
 Definition
Normally just a judge, unless the court orders otherwise.
Term
Is Defamation a civil or criminal offence?
 Definition
Civil.
Term
When did the defamation act come in?
 Definition
It came into effect on the first of January 2014.
Term
Difference between libel and slander
 Definition
Libel covers permanent forms of defamation, slander covers transient forms of defamation.
Term
Special damages
 Definition
These are damages that have to proven with specific evidence of precise sums.
Term
A spent conviction
 Definition
A conviction which can be ignored and not disclosed after a specified amount of time.
Term
If you have served more than four years in jail for a specific crime, will that sentence ever be spent?
 Definition
No.
Term
Do you have to declare spent criminal convictions to employers?
 Definition
No.
Term
Subpoena
 Definition
Request of certain documents or for a request to appear in court.
Term
Super injunction
 Definition
The banning of the reporting on an event and the banning of the reporting of the fact that an injunction has been issued.
Term
A ward of court
 Definition
A person, especially an incompetent or a child, who is placed under the care of a guardian by the court.
Term
When does the UK watershed run from and to
 Definition
9pm to 5.30am
Term
Which group sets the watershed times
 Definition
Ofcom
Term
Does the right to freedom of expression include the right to receive information or just to impart it?
 Definition
To receive and to impart.
Term
Which human right was described by a judge as the 'trump card that always wins'.
 Definition
The right to freedom of expression.
Term
Which section of the Human Rights Act is designed to stop the press publishing stories which are subjected to injunctions they had no knowledge of.
 Definition
s12 of the Human Rights Act.
Term
What kinds of reports are exempt from s12 of the Human Rights Act
 Definition
Court reports on criminal trials.
Term
There is no UK law on the right to privacy, so what law do celebrities use to protect their private life?
 Definition
Right to confidentiality.
Term
When deciding whether or not to issue an injunction which three factors to judges have to take into account
 Definition
1) whether the information has already been in the public sphere 2) whether the information at stake is in the public interest 3) Whether the information breaches any industry regulator's codes.
Term
For a defamation action to succeed, what three things must the claimant prove?
 Definition
1)That the statement was defamatory 2) the statement was about the claimant 3) the statement was published
Term
If you print a statement which is not true, but not defamatory either, can you be sued?
 Definition
No.
Term
In a defamation case which side has to prove a libellous allegation was true: the defendant or the claimant.
 Definition
The defendant.
Term
If someone already has a bad reputation, can they still sue for defamation.
 Definition
Yes they can but it is harder for them to sue successfully.
Term
Can background evidence about someone's bad reputation be used against them in court?
 Definition
That evidence is only admissible if the defamatory statement is actually true e.g if someone has had 10 previous affairs that doesn't excuse reporting an affair which didn't happen.
Term
What can lead to some broadcasters being sued for defamation, even though their reporters never said anything against an individual or company.
 Definition
Juxtaposition of images/ footage and the v/o script.
Term
What can individual journalists do to guard against being sued for changes to their work made by others?
 Definition
Keep a copy of their original unsubbed copy.
Term
Is reporting a rumour, and flagging it up as such, a defence against defamation?
 Definition
No.
Term
Is the reporting of spent conviction defamatory?
 Definition
No, you can use the 'truth' defence or the 'privilege' defence.
Term
If you republish material from a press release which is wrong and defamatory, can you be found sued for defamation.
 Definition
Yes.
Term
When the name of a criminal case is written down, does the defendant or the prosecutions names appear first.
 Definition
The name of the prosecution appears first. E.g Elton John vs. The Guardian.
Term
Can readers comments in a letters page be defamatory?
 Definition
yes.
Term
Is merely dropping hints a defence against defamation?
 Definition
No
Term
What can be an unintended consequence of dropping hints about someone in a defamation case rather than naming them?
 Definition
You could be sued by multiple people who all claim they've been defamed.
Term
Why is it sometimes good to include as much detail as possible about the
 Definition
So that you're not sued for defamation by someone with the same name
Term
Can groups of people bring defamation cases?
 Definition
Not unless a reasonable person could assume they were suing them personally
Term
Can political parties sue for defamation
 Definition
No
Term
What rule limits the number of times a publisher can be sued for a single story?
 Definition
The single publication rule.
Term
Is it possible to sue for defamation of a dead relative?
 Definition
No
Term
Can a union sue for libel
 Definition
Technically no, as they aren't incorporated. However, its staff members could.
Term
Can elected authorities sue for libel?
 Definition
No
Term
Can members of a political party sue for defamation?
 Definition
Yes e.g Andrew Mitchell.
Term
Is legal aid available for libel claims?
 Definition
No.
Term
Section 1.1 Defamation Act
 Definition
Serious harm to reputation/ serious harm to incur financial loss.
Term
What did the MGM v Cooke case establish about the application of the new defamation law?
 Definition
That the bar for serious harm to reputation would be set quite high.
Term
On what four conditions can somebody bring a slander case?
 Definition
1) That it brought them some loss 2) That they were claimed to have a contagious disease and this brought them some loss 3) they were claimed to have committed a criminal act 4) They were said to be bad at their job/ running their business
Term
What two old clauses have been repealed/ modified in the slander section of the Defamation Act?
 Definition
1) Women's reputation 2) contagious diseases.
Term
If you get a phone call saying a story you've written is libellous, what is the best course of action?
 Definition
Don't say too much, refer the complainant to your editor.
Term
What should you do if you get a letter of complaint alleging liable?
 Definition
Answer the letter promptly, say you'll investigate, and state when you expect your investigation to be finished by.
Term
What are the four steps set out by the Civil Proceedure Rules 1998 Pre-Action Protocol?
 Definition
1) Ask the claimant to follow the procedure (make them aware of it, if they don't already know it 2) Keep expenses related to the offence proportionate to the seriousness of the offence 3) Write a response to the claimant as soon as possible, if this can't be done in 14 days let them know when it can be done by 4) Try and find an alternative to court action.
Term
What protocol should you follow if a libel charge is brought against you?
 Definition
Civil Procedure Rules 1998 Pre-Action Protocol
Term
Affidavit
 Definition
A a formal declaration to the effect that the contents of a particular statement are true recorded by someone authorised to do so by the law.
Term
What replaced the 'honest comment' defence in the 2013 Defamation Act?
 Definition
'Honest opinion'
Term
Give the defences against defamation in order
 Definition
(thpopr) 1) truth 2) honest opinion 3) publication of matter of public interest 4) operator of website 5) peer reviewed website 6) reports etc protected by privilege
Term
What are the three criteria that have to be met for an honest opinion defence to be brought?
 Definition
1) the statement has to be an opinion 2) The statement indicated the basis of an opinion 3) an honest person could hold that opinion on the basis of facts (or the contacts of a priviledged report) released before the statement was made
Term
Can you be sued for libel if you were shown not to hold the defamatory opinion you expressed, even if another honest person could have help that opinion?
 Definition
Yes
Term
Hansard
 Definition
Transcripts of parliamentary debates
Term
Are reports of what MPs say in parliament covered by qualified or absolute privilege?
 Definition
Qualified.
Term
What must a story do to be considered fair?
 Definition
Cover both sides of the story and not endorse one over the other.
Term
What do you need to be careful of when reporting allegations made in court?
 Definition
That you report that they're statements made by other people, rather than facts. E.g 'Sally said he ran away' rather than 'Michael ran away'.
Term
How do you avoid a defamation claim when reporting a verdict in a trial?
 Definition
By not giving your opinion on whether what the jury decided was correct or not.
Term
If you report comments made in a court gallery, or in the way in or out of court, can you be sued for libel?
 Definition
Yes
Term
What occasions does qualified privilege apply to?
 Definition
1) judiciary proceedings 2) proceedings of parliament 3)Occasions where someone is defending a previous attack on their character 4) statements issued by government departments and agencies 5) the meetings of councils
Term
If as an editor you publish a letter which contains a defamatory opinion you don't believe in, can you be sued for liable?
 Definition
No, you can use the same defence of honest opinion
Term
Can you done for defamation for reproducing the contents of a government press release?
 Definition
No, you're covered by qualified privilege
Term
Does qualified privilege extend to statements by NHS directors and Transport Police communication staff?
 Definition
No
Term
If you mix allegations from privileged documents and non-privileged documents can you still bring the honest opinion defence?
 Definition
Yes
Term
What replaced the abolished reynolds defence in the new defamation act?
 Definition
publication of matter in the public interest
Term
What are the facts of this case: Loutchansky v Times Newspapers Ltd (2001)
 Definition
The Times accused Loutchansky of serious offences. The times was sued for liable because it had not taken sufficient care in reporting so therefore could not successfully launch a reynaulds defence.
Term
Give the facts of Godfrey vs. Demon Internet 2001
 Definition
Godfrey sued internet provider Demon Inernet. Godfrey won the case and got damages. The case set the precedent for people suing internet companies for defamation.
Term
Lay out the facts of this case : Dow Jones and Co Inc v Gutnick (2002)
 Definition
The significance of this case is that is set the precedent that defamations cases can be brought (in Australia at least) outside the country in which the article was published . Dow Jones paid some damages to Gutnick.
Term
Explain the facts of this case and its significance: Hulton (E) & Co. v. Jones 1910
 Definition
Artemus successfully sued Hulton who'd published a story about a corrupt Artemus Jones - not knowing that a real Artmeus Jones existed. This rule established that defamation does not depend on the intention of the defamer but of the fact of the defamation. Although this has been modified in subsequent year.
Term
Give the facts and the significance of this case: O’Shea v Mirror Group Newspapers (2001)
 Definition
O'shae argued that advertisements published in the newspaper showed a woman that looked very much like her. She lost the case as she was trumped by a10 of the human rights act.
Term
Ashley Cole vs News Group Ltd (2006)
 Definition
They alleged Cole had been involved in a gay orgy. He wasn't named i the article but there was a pixalated photo of him and other information that made it possible for people to guess his identity. News Group paid damages to Ashley Cole. It raised the issue of the jigsaw identification.
Term
Walker Wingsail system plc v Sheahan Bray (1994)
 Definition
The wife and husband team who designed yhatchs and ran Walker Wingsail sued the editor and technical editor of a thatching magazine who gave them a bad review. They were awarded 1.5m in damages. The size of the damages is what marks this case out.
Term
What is the name of the case in which a yachting company sued a yachting magazine?
 Definition
Walker Wingsail System vs Sheanan Bray
Term
Which paper did Ashley Cole sue in 2006?
 Definition
News Group International
Term
Which newspaper did O'shae try to sue?
 Definition
The Daily Mirror
Term
Who sued Demo Internet?
 Definition
Godfrey
Term
Which case set the precedent that defamation charges can be brought against a company in a jurisdiction other than the one they operate in?
 Definition
Dow Jones and Co ink vs. Gutnick
Term
Facts and significance of this case: Derbyshire County Council v Times Newspapers (1993)
 Definition
Established that local councils can't sue for libel. The paper alleged that some of Derbyshire County Council's investments were inappropriate. Damages were paid to the individual involved, but none to the council on the basis that elected representatives should be subject to full and open scrutiny.
Term
Which case established the fact the local councils can't bring libel cases?
 Definition
Derbyshire County Council vs The Times 1994
Term
Name the significance of Goldsmith v. bhoyrul (1998)
 Definition
It showed that while political parties cannot sue for libel, individuals within them can
Term
What case established that while a political party itself cannot sue, but that its members can?
 Definition
Goldsmith v Bhoryul (1998)
Term
What are the facts and the significance of Lewis v Daily Telegraphy 1964?
 Definition
It established the general test for libel: would the reasonable person view the statement as defamatory on the particular facts of the case. The Telegraph said the company Mr Lewis was chairman was being investigated, Mr Lewis unsuccessfully tried to sue to say that the article insinuated that he was guilty.
Term
Which case established this basic test for defamation: would the reasonable person think this statement is defamatory based on the facts of the case.
 Definition
Lewis v Daily Telegraph 1964
Term
Name the facts and significance of this case: Berkoff v Burchill (1996).
 Definition
Actor Berkoff successfully sued journalist Burchill for calling him hideously ugly because as an actor the claims could cause him serious harm. The significance of the case is that it shows that if rude personal remarks are considered excessively offensive then they become defamatory.
Term
Which case established the precedent that if personal remarks are excessively offensive then they can become defamatory?
 Definition
Berkoff v Burchill (1996)
Term
Name the facts and significance of this case: Burstein v Associated Newspapers 1997
 Definition
Associated newspapers wrote a scathing review of Burnstein's musical about terrorists. Burnstein lost his libel case because the judge ruled that a reasonable person could have held the same opinions about the play based on its content.
Term
What is the significance of Spiller v Joseph?
 Definition
It established that defendants in libel case only need to identify in general terms what facts has led them to form an opinion, it doesn't need to make the facts clear in such a way that the audience can make a sound judgement on their own opinion of the facts.
Term
Name the facts and significance of Mori v BBC 1998
 Definition
The BBC brought in a controversial politician known for making brash statements and interviewed him live. He made a libellous statement against research firm Mori on air. The BBC settled out of court, acknowledging it hadn't taken sufficient care.
Term
Implications of E-commerce Regulations 2002, reg. 19
 Definition
An internet company cannot be sued for defamation if they 1) did not know the defamatory material was on their site 2) they took prompt action to remove the material 3) the internet company did not control over the service the defamer was using to post comments.
Term
Name the significance of Bunt v Tilley & Others 2006
 Definition
It established that ISPs cannot be considered the publishers of libellous material in the same way that media publications are.
Term
why did the court rule in favour of ISPs in the case of bunt vs. Tilly but not in the case of Gofrey vs. Demon internet?
 Definition
Because in the later case the judge took into account 2002 Electronic Commerce Regulations
Term
Name the facts and significance of Karim v Newsquest (2009)
 Definition
Karim is a lawyer who was struck off. He tried to sue Newsquest as the comments under the reporting of his case were defamatory. Karim lost his case as Newsquest were covered by the regulation 19 defence (they were not aware of the defamatory material and deleted it once they were)
Term
Which case ruled that a publisher couldn't be sued for comments under its articles if they weren't aware of them, or if they deleted them when request to
 Definition
Karim v Newsquest
Term
Name the facts and significance of Tamiz v Google Inc
 Definition
Tamiz tried to sue Google for not taking down defamatory comments posted on its blogger.com site. The court rule that if ISPs do not take down defamatory comments quickly enough they could be found guilty of defamation, however the ruled in Google's favour as so few people viewed the blog
Term
Name the significance of McCartan Turkington Green v Times Newspapers (2001)
 Definition
It established that public meetings are covered by qualified privilege.
Term
Name the facts in Reynolds v the Times 1999
 Definition
Former Irish Prime Minister Mr Reynolds sued the Times for writing a story that said he'd lied to parliament. The Times argued the case was in the public interest but lost because they didn't allow Mr reynolds the chance to comment.
Term
What are the ten factors that are taken into account when considering whether or not someone could mount a Reynaulds defence under the old rules?
 Definition
1) the seriousness of the allegation 2) whether the allegation is of public concern 3) the source of the information 4) Steps taken by the journalist to check the information 5) The status of information 6) the urgency of the matter 7) whether the claimant was asked for a comment in the story 8) whether the story contained the claimant's side 9) The tone of the article 10) The circumstances of the publication including timing
Term
Who offered the ten points of guidance in Reynolds v Times 1999
 Definition
Lord Nicholls
Term
Name the significance and facts of Galloway v Telegraph 2004.
 Definition
Galloway successfully sued the Telegraph for alleging he had received payment from Saddam Hussein's regime. The Telegraph brought a fair comment defence but this was dismissed as the story contained allegations of fact, not comment.
Term
Name the facts and significance of the case: Jameel v Wall Street Journal (2006)
 Definition
Jameel sued the WSJ over claims that the Saudi Arabian government was monitoring his bank account for links to terrorism. WSJ brought a successful Reynolds defence, even though they hadn't asked Jameel for a comment.
Term
What case established that a reynolds defence can still be brought even if not all ten criteria are met
 Definition
Jameel v Wall Street Journal 2006.
Term
Name the significance of Roberts v Gable
 Definition
It established a new defence, under the old defamation rules, of 'Neutral reportage'. It laid out 9 criteria that should be taken into account when deciding whether to grant the defence
Term
Which case established the 'Neutral reportage' defence
 Definition
Roberts v Gable
Term
What are the criteria that a judge needs to take into account when deciding a neutral reportage defence?
 Definition
1) Info in public interest 2) Don't need to ensure info is accurate 3) The story must show allegations were made, but make not hint as to whether or not they're true 4) The purpose of the report is relevant 5) The defence is void if the journalists appropriates the allegations as their own 6) Renyolds criteria relevant 7) The seriousness of the allegations is relevant 8) the claimain doesn't need to be prominent/ famous 9) Urgency of the story is relevant
Term
Name the facts and significance of Flood v the Times (2012)
 Definition
The Times ran a story about the fact a senior police officer was accused of taking bribes from Russian criminals and that the police weren't investigating. The Times was not sued for libel as it brought a public interest defence. Flood tried to argue the defence was not valid as reporting of untruths is not in the public interest but the judge said that they could not have run the story without publishing the allegations.
Term
Name a case that demonstrated that a public interest defence can be successfully mounted, even if some of the facts in the story were wrong.
 Definition
Flood v. Times Newspaper
Term
Explain the rule against prior restraint
 Definition
No judge is allowed to block stories if the publisher is willing to defend them unless it is clear their defence would fail at trial.
Term
Explain the significance of Bonnard v Perryman 1891
 Definition
It set the precedent for the granting of injunctions. it said no court should try and block a story which a publisher is willing to defend in court, unless it is clear that the defence will fail
Term
Which case set the precedent that injections can't be brought against stories which publishers are willing to defend in court and have a reasonable chance of winning?
 Definition
Bonnard v Perryman 1891
Term
Name the facts and significance of Greene v Associated Newspapers Ltd.
 Definition
Green is a businesswoman who wanted an injunction agaist claims she links with a criminal. She argued the injunciton should be based on the Creame criteria (that a story has a reasonable chance of standing up in court) rather than the Bonnard criteria (that it isn't garunteed to fail in court). The court ruled that the Bonnard defence still stands.
Term
Names the facts and significance of Cream Holdings Ltd. v Banerjee and Liverpool Post (2004)
 Definition
The was a case where an accountant blocked a story about malpractice via an injunction. The court ruled that the accountance defence had a "real prospect of success" rather than just it being "more likely than not".
Term
What is the test most commonly used to assess whether an injunction is granted?
 Definition
The Cream test whereby the person bringing the libel claim has to show that their defamation case would be more likely than not to succeed in court.
Term
What is malicious falsehood?
 Definition
Maliscious falsehood is when someone publishes an untrue claim motivated by malice.
Term
What separates malicious falsehood from libel?
 Definition
The claimant doesn't have to prove serious harm/ loss but they do have to prove truth and prove malice.
Term
Is legal aid available for malicious falsehood?
 Definition
No
Term
Name the facts and significance of joyce v Sengupt and Another 1992.
 Definition
A maid successfully brought a case against a newspaper journalist for alleging she had sold the royal family's personal artefacts for money. She brought it under malicious falsehood as libel is not covered by legal aid.
Term
Which case established that malicious falsehood claims can be brought against newspapers?
 Definition
Joyce v Sengupta and Another 1992.
Term
Which government department is responsible for the police?
 Definition
The home office
Term
Which is the main defence in libel law that will be used to defend a contemporaneous, fair and accurate report of proceedings in the county court?
 Definition
Absolute privilege
Term
Are there juries in youth courts?
 Definition
No
Term
Where are youths charged with serious offence tried?
 Definition
The Crown Court
Term
Is the correct term a youth court of a juvenile court?
 Definition
Youth
Term
Contempt of Court Cases are held at which court?
 Definition
The high court
Term
A trial for a serious breach of confidentiality is tried at which court?
 Definition
The High Court
Term
What did the European Communities ACT 1972 establish?
 Definition
It established that the European Court is the highest court
Term
What is the significance of this case : Saly Bercoe vs Lord McApline.
 Definition
It proved that comments/ posts on social media can be libellous.
Term
s1 of the defamation act 1996 states a person can defend themselves against a defamation claim if they can prove what three things?
 Definition
1) They were not the authors of the allegations 2) They took responsible care in making the allegations 3) They did not know or have reason to believe that what they published constituted defamation
Term
How many police forces are there in England?
 Definition
50
Term
What is the police federation?
 Definition
The Union for Police Officers
Term
Describe the Slicker Gate case
 Definition
City columnists for the Daily Mirror profited from tips they gave their readers by buying shares they'd recommended.
Term
Describe the facts and significance of Goodwin v United Kingdom
 Definition
A trainee journalist was found to be in contempt for not revealing a source and was ordered to pay £5,000. He appealed to ECJ on the grounds of A10 and won.
Term
What is the only circumstance in which a journalist is required to reveal a source?
 Definition
If that source has committed a crime.
Term
Describe the case Fraill v AG
 Definition
Frail, a juror, contacted the defendant in a trial on Facebook and was found guilty of contempt of court.
Term
Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (2014).
 Definition
Right to be forgotten
Term
Can journalists bring a public interest defence against criminal charges?
 Definition
No.
Term
Explain the facts in REs a child
 Definition
It's a case in which the child of a mother who was accused the killing the child's brother appealed to have his mother's identity protected for his own privacy. The court did not allow this on the basis that in a free and just society the identities of those being prosecuted for murder shouldn't be kept secret.
Term
CLDC
 Definition
common law duty confidentiality
Term
What are the "legitimate aims' which can justify a breach of privacy?
 Definition
1) national security 2) public safety 3) the economic well-being of the country 4) the prevention of public disorder/ crime 5) the protection of health and morals 6) the protections of rights and freedoms of others
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