Chapter 22 Self-test questions

Defences

Quiz Content

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. When defending a libel action, a media organisation relying on the truth defence must prove the truth of what was published. What standard of proof will the court apply when deciding whether the organisation's version of events or the claimant's should be accepted as the truth?

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. To be protected by the defence of honest opinion, the material published must be '____________'. Which of the following supplies the missing words?

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. For journalists absolute privilege protects what?

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. A media report of a court case will be protected by absolute privilege if the case was heard in public, the report is published contemporaneously, and it is 'fair and _______'

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. If a court reporter to meet a deadline files a report based only on the prosecution opening in a trial, because that is all the court has heard, the media organisation which publishes it runs the risk of a libel action because it does not contain the defence case.

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. A report of a press conference will enjoy the protection of qualified privilege if there was a general invitation to the press to attend and if all that defence's requirements are met. Why in law does this protection exist?

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. A radio reporter, if threatened with a libel action because of a report he/she compiled and presented on air, is always the best person to quickly draft an apology to be broadcast, because he/she knows the facts of the matter.

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. In a libel action, if a media organisation's defence is that the claimant agreed to the publication of the material now complained of, it is using the defence known as 'leave and ______"

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. If a media organisation allows readers to post comments on its website, but its journalists check them all before they appear there, could it be successfully sued for libel if a published comment contains a defamatory, untrue assertion of 'fact'?

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