Term
| What is a "without prejudice letter" |
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Definition
| It's a letter sent with a view to obtaining an out of court settlement but isn't intended as an admittance of guilt |
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Term
| When are pleas in mitigation heard? |
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Definition
| When a defendant has pleaded or been found guilty |
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Term
| When does an arraingement happen? |
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Definition
| Before trial. Should happen within 72 hours of being charged. |
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Term
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Definition
| An authoritative instruction from the EU. |
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Term
| Which court order protects people in gangs testifying as witnesses in court? |
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Definition
| s76 of the Coroners and Justice Act 2009 |
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Term
| What piece of legislation makes it an offence to reveal the identity of a victim of a sex attack? |
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Definition
| S1 of the Sexual Offences Amendment Act (1992) |
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Term
| When does the Eduction Act 2011 apply until? |
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Definition
| Until the teacher has been charged |
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Term
| Are you allowed to report the conditions of bail? |
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Definition
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Term
| AG v MGN Newspapers, the Leeds footballers' case |
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Definition
| An interview with the father of the victims in the case was published on the eve of the verdict in the case being returned. The father alleged it was a racist attack. MGN was found to be in contempt of court. |
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Term
| Test for confidentiality as set out in Coco v Clark (1969) |
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Definition
| 1) material is confidential 2) "duty" of confidentiality is owed 3) unauthorised use |
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Term
| Does a work have to be highly original for it be copyrighted? |
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Definition
| No, a picture you took of a beach is subject to copyright. |
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Term
| Ashdown v Telegraph Group (2001) |
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Definition
| The Sunday Telegraph published long extracts from minutes of a meeting that showed the extent to which the Liberal Democrats were co-operating with New Labour. Lord Ashdown successful sued the Telegraph Group for breach of confidentiality and for breach of copyright. The Telegraph had mounted an appeal on the basis of public interest under Article 10. The judge said that they hadn't established a public interest defence in this case however. |
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Term
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Definition
| Vosper used extensive material from Scientology brochures to highlight malpractice within the Church of Scientology. Vosper brought a successful fair dealing case even though he'd used long quotes from the work. |
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Term
| What are the different purposes of fair dealing? |
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Definition
| For the purpose of news, for the purpose of criticism or review |
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Term
| Do you need to have credited the news source to bring a fair dealing defence under the CDPA 1988? |
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Definition
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Term
| Can you report evidence someone gave under a s46 order? |
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Definition
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Term
| In what cases can the AG ban the publishing of the name of a defenant when they've been acquitted? |
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Definition
| If they've been acquitted on a point of law. |
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Term
| Do contempt of court laws apply in court-martials and employment tribunals/ coroners courts? |
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Definition
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Term
| Significance Lewis v Daily Telegraph 1964. |
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Definition
| Words in defamation cases need to be interpreted in their normal sense but different people interpret things in different ways. If a normal person would conclude from an article that the accused is definitely giulty of wrongdoing then it's likely to be defamatory, but if a company is just shown to be investigated for wrongdoing it's not likely to be defamatory. |
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Term
| what's the maximum length a jail sentence can be for it to be spent at some point in the future? |
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Definition
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Term
| If you publish someone's spent convictions out of malice are you protected by privilege for a defamation claim? |
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Definition
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Term
| Can orgnisations which do not have legal status as a corporation sue for defamation? |
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Definition
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Term
| Can trade union bodies sue for libel? |
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Definition
| No, but indivudal members can |
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Term
| What does the spiller v joseph suggest about the evidence required bringin an honest opinion defence? |
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Definition
| To prove honest opinion you don't need to go into real depth about why you reached formed a particular opinion. You just need to give a rough outline so a reader can understand. |
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Term
| If you make a slur against an organisation/ individual out of spite, can you still bring an honest opinion defence? |
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Definition
| Yes, if your malice was founded on honest feeling. |
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Term
| Are documents not read out in open court protected by absolute privilege? |
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Definition
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Term
| If a court report isn't contemporaenus is it still covered by absolute privilege? |
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Definition
| No, it's covered by qualified privilege. |
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Term
| Are press conferences covered by qualified privilege? |
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Definition
| Yes, those held in the EU |
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Term
| In what two circumstances can an offer of amends defence be brought? |
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Definition
| 1) didn't realise the defamatory claims could be taken to refer to the claimant 2) didn't realise the claims were defamatory |
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Term
| Can the defence switch from another defence to an offer of amends? |
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Definition
| No, offer of amends needs to be your first defence or you can't use it. |
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Term
| What defence can broadcasters use if a guest has made a defamatory comment on their show. |
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Definition
| Innocent dissemination. Defamation Act 1996 |
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Term
| Name the five types of damages payable in a defamation case. |
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Definition
| 1) Compensatory 2) Aggravated 3) Exemplary 4) Nominal 5) Contemptuous |
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Term
| What constitutes data under the data protection act? |
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Definition
| Information stored on a computer. |
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Term
| What is personal data according to the data protection act? |
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Definition
| 'biographical information' |
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Term
| Who are data controllers supposed to register with? |
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Definition
| The information commission |
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Term
| How should journalists process information in order to comply with the data protection act 1998? |
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Definition
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Term
| Could someone prevent you from publishing an interview on the basis that it would be copy right infringement for you to use their words? |
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Definition
| No. you're protected under the CPDA 1988 because their words were never in a tangible form. |
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Term
| What is assignment in copy right law? |
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Definition
| When you hand over, or sell, the copyright of a piece of work to a third party. |
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Term
| What's the copy right period for published editions (eg magazine/ layouts) |
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Definition
| 25 years from the end of the calendar year in which it was first published |
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Term
| What are the five main defences the media use in breach of copyright cases? |
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Definition
| 1) fair dealing 2) public interest 3) copyright on speeches 4) incidental inclusion 5) acquiesance |
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Term
| What are the four conditions for brining a fair dealing defence? |
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Definition
| 1) the information has to have been published 2) it has to be used for the purposes of criticism/ review of news reporting 3) it needs to be credited 4) the amount of material used needs to be 'fair' |
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Term
| Are photographs covered by fair dealing? |
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Definition
| Only for the purposes of art and criticism, not for news coverage. |
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Term
| The media doesn't infringe copyright law if it uses recorded speeches/ interviews on the condition that what five conditions are met? |
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Definition
| 1) the material was recorded first hand (so is not a recording of a recording) 2) the journalist still has the recording 3) the words themselves don't breach copyright 4) the speaker didn't prohibit recording 5) the speaker did not prohibit the use of his words before the recording |
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Term
| Lion laboratories v Evans (1985) |
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Definition
| The court allowed copyrighted material about the effectiveness of a machine used to test whether or not people were over the drink driving limit to be published on the grounds of public interest. |
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Term
| What is acquiescence under copy right law? |
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Definition
| When someone knew their work was being used and did not complain at the time and then brings a complaint at a later date. |
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Term
| Is breach of copyright a civil or criminal offence? |
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Definition
| It can be either. It's more likely to civil when it comes to complaints against the media. Criminal relates more to industrial size operations of copying intellectual property without permission. |
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Term
| Name the five remedies for breach of copyright |
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Definition
| 1) interim injunctions 2) permanent injunctions 3) an order to hand over the copyrighted material or destroy it 4) damages 5) account of profits |
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Term
| Does the moral right of paternity apply to journalists and authors? |
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Definition
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Term
| Does the moral right of integrity apply to journalists under copy right law? |
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Definition
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Term
| What does the CPS media protocol set out? |
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Definition
| That certain categories of evidence need to be handed over to the press |
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Term
| What is the 'rule against prior constraint'? |
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Definition
| The principle in English law that the press should not be censored prior to publicaiton |
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Term
| Are you safe to name members of the jury in a court case? |
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Definition
| No, not unless they've been discharged. |
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Term
| Generally speaking which court orders injunctions? |
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Definition
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Term
| Where is a committal hearing heard? |
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Definition
|
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Term
| What is inherent jurisdiction? |
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Definition
| The power courts have over their own affairs. This gives them the right to exclude the press/ public in certain circumstances. |
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Term
| what's the difference between the definition of malice under qualified privilege and under honest opinion? |
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Definition
| Malice occurs in honest opinion only if you don't believe your harsh accusations, malice under qualified privilege means you harbour ill-will. |
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Term
| Can journalists include photos/ video footage of people in distress in the wake of a serious incident such as a natural disaster or a terrorist attack. |
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Definition
| According to the IPSO code it may be permissable to use photos in such situations because there is such a strong public interest case for reporting the story |
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Term
| Can relatives or friends of someone accused/ found guilty of a crime be mentioned in a story according to the IPSO code? |
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Definition
| Only when it is genuinely relevant to do so. |
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Term
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Definition
| You are free to talk, but anything you say may be used against you later in evidence |
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Term
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Definition
| Hearing on behalf of only one person |
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Term
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Definition
| asking for likely sentences |
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