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Quiz about The English Law of Defamation

The English Law of Defamation Trivia Quiz

This quiz includes a number of fairly basic questions about a law that is often talked about by the media. In England we are said to have freedom of speech, but how careful are we sometimes in what we say?

A multiple-choice quiz by rialto88. Estimated time: 4 mins.

Author
rialto88

Time
4 mins

Type
Multiple Choice

Quiz #
126,215

Updated
Dec 03 21

# Qns
10

Difficulty
Tough

Avg Score
6 / 10

Plays
554

One at a Time - Single Page - Timed Game

Question 1 of 10

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

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Question 2 of 10

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"? Hint

Juries only ever estimate the damages and decide nothing else in a case.

yes

The judge only ever guides the jury, and they decide everything.

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Question 3 of 10

3. Would it be correct to say that "defamation" and "libel" are two interchangeable words and that they mean the same thing in reality? Hint

Libel is is a defamation where financial loss occurs

yes

Libel, unlike defamation, is only ever spoken and never written.

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Question 4 of 10

4. Would it be possible to defame someone by simple juxtaposition? By this 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". Hint

yes

only if they are politicians

only if they are public figures prior to the defamation

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Question 5 of 10

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

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Question 6 of 10

6. In which branch of English law is defamation normally found? Hint

equity

criminal law

human rights

tort

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Question 7 of 10

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

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Question 8 of 10

8. Which one of the following publications is not open to a defence of "absolute privilege"? Hint

relevant statements made in official legal proceedings

fair and accurate reports of proceedings in the European Court of Justice

statements in the course of Parliamentary proceedings

a testimonial given to an employer

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Question 9 of 10

9. In ordinary circumstances is it a defence to show that the defendant never intended to refer to the person defamed? Hint

yes, but only if the defamed is not a politician

yes

yes, but only if the person defamed is not publicly known

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Question 10 of 10

10. George Carman QC recently died at the age of 71. He was a renowned libel lawyer. Do you know where he was born? Hint

Ayr in Scotland

Southend -on-sea, England

Blackpool, England

just off Middle Temple Lane in London, England

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Quiz Answer Key and Fun Facts

Answer: Yes

The above definition is the standard text book definition. It is not fully correct to say that defamation is "a statement that tends to bring a person into hatred, contempt or ridicule". This definition is sometimes used and can be seen not to include some basic concepts of the definition given in this question.

Answer: yes

In defamation actions the judge is the sole person to decide on points of law and the jury decide on issues relating to fact. The judge considers whether any reasonable person would see the publication as defamatory, before allowing the jury to proceed with their task. A small number of cases are dealt with without a jury
(see Section 8 of the Defamation Act 1996).

3. Would it be correct to say that "defamation" and "libel" are two interchangeable words and that they mean the same thing in reality?

Answer: no

A libel is defamation in a permanent form. The most obvious example of this is something written in a letter or book. A slander comprises spoken words and gestures and is in a transient form. Defamation is the name for both libel and slander together and covers all actions in this field of law.

Answer: yes

This happened in Monson v Tussauds Ltd (1894) Q.B. 671. A waxworks company placed a wax model of the plaintiff (with a gun) close to the "Chamber of Horrors". The scene of this alleged murder was also shown in the "Chamber of Horrors". The Court of Appeal decided that these facts were capable of being defamatory and that a jury might properly deliberate on them.

The plaintiff had been found "not proven" of murder by a Scottish court. In Scottish law, unlike English law, there are three possible verdicts: guilty, not proven and not guilty.

Answer: Yes

This was said by the late Lord Denning in Slim v Daily Telegraph Ltd (Court of Appeal, 1968). However, if the factual basis of the words is untrue, then the defendant has no defence of "fair comment". The words of Lord Denning have been amended to make them "gender neutral".

6. In which branch of English law is defamation normally found?

Answer: tort

Defamation accompanies other civil actions such as negligence and nuisance and is called a tort (which means a "wrong").

Answer: Yes

The defendant must show that they were reasonably careful in relation to the published material. The defendant must also not know of the defamatory comments and have had no reason to believe them to be defamatory. Please see the case of Godfrey v Demon Internet (1999) where the defendants failed in their defence.

This was only because they had been notified of the defamatory material published and failed to remove it. Section 1 of the Defamation Act 1996 provides this protection and also provides it to printers and broadcasters of live programmes and the like.

8. Which one of the following publications is not open to a defence of "absolute privilege"?

Answer: a testimonial given to an employer

The law does protect some publications completely from defamation action. This is because the public interest demands a person's ability to speak freely in such circumstances. A testimonial given to an employer only attracts "qualified privilege". The plaintiff is allowed to show that "malice" was used in the making the testimonial and then the defence fails with such proof.

9. In ordinary circumstances is it a defence to show that the defendant never intended to refer to the person defamed?

Answer: no

Please see the case of Hulton and Co. v Jones (House of Lords, 1910).
There is no defence open to most defendants that they did not have a guilty mind and were innocent morally. This is a fine example of where the English law and ordinary morals are different.

10. George Carman QC recently died at the age of 71. He was a renowned libel lawyer. Do you know where he was born?

Answer: Blackpool, England

George Carman was possibly the best barrister in this area of law. He was also involved in a number of high profile cases that made the headlines in the media.

Source: Author rialto88

This quiz was reviewed by FunTrivia editor bloomsby before going online.
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