Defamation: A Comprehensive Guide to Damage to Reputation

Question 1

Identify the primary distinction between libel and slander.

Accepted Answer

Libel is written defamation, while slander is spoken defamation.

Answer

Libel is more severe than slander.

Answer

Libel requires proof of damages, while slander does not.

Answer

Libel is a criminal offense, while slander is not.

Question 2

Which defense is most likely to succeed in an action for defamation if the defendant can prove the truth of their statement?

Accepted Answer

Justification

Answer

Privilege

Answer

Statute of limitations

Answer

Fair comment

Question 3

What is the most common legal remedy awarded in defamation cases?

Accepted Answer

Monetary damages

Answer

Specific performance

Answer

Injunction

Question 4

Which of the following statements about defamation is accurate?

Accepted Answer

It is a civil wrong remedied by financial compensation.

Answer

It cannot be committed through electronic communication.

Answer

It is only actionable if the victim is a public figure.

Question 5

What is the essential requirement of "publication" in defamation?

Accepted Answer

The statement must be communicated to a third party other than the person defamed.

Answer

The statement must be made with malicious intent.

Answer

The statement must be published in a physical form, such as a newspaper.

Question 6

Which defense to defamation is based on the truthfulness of the statement?

Accepted Answer

Justification

Answer

Statute of limitations

Answer

Fair comment

Answer

Privilege

Question 7

What is the primary purpose of the Reynolds privilege in defamation law?

Accepted Answer

To protect fair and accurate reporting of judicial proceedings.

Answer

To protect statements made by government officials.

Answer

To protect statements made in parliamentary proceedings.

Question 8

Which of the following is considered an essential element of the tort of defamation?

Accepted Answer

Publication

Answer

Truth

Answer

Intent to harm

Answer

Malice

Question 9

In the defense of truth, the defendant must demonstrate that:

Accepted Answer

The defamatory statement is factually accurate.

Answer

The statement was made under a claim of privilege.

Answer

They had a genuine belief in the statement's truthfulness.

Answer

The statement was made in the public interest.

Question 10

Which of the following is NOT a potential remedy for defamation?

Accepted Answer

Criminal prosecution

Answer

Damages

Answer

Injunction

Answer

Apology

Question 11

The defense of absolute privilege applies when a statement is made:

Accepted Answer

In a legal proceeding.

Answer

By a journalist.

Answer

In response to a request for information.

Answer

Based on a reasonable belief in its truth.

Question 12

Which of the following would constitute a defamatory statement?

Accepted Answer

Accusing someone of theft without evidence.

Answer

Expressing a negative opinion about someone's creative work.

Answer

Criticizing a government policy.

Answer

Stating that someone is a member of a particular political party.

Question 13

Under the fair comment defense, a defendant may:

Accepted Answer

Express their opinion on a matter of public interest, even if it is unfavorable.

Answer

Claim that they were provoked into making the statement.

Answer

Prove that the defamatory statement was true.

Question 14

Which of the following factors can influence the amount of damages awarded in a defamation case?

Accepted Answer

The severity of the defamatory statement

Answer

The marital status of the victim

Answer

The age of the victim

Answer

The financial means of the defendant

Question 15

The defense of qualified privilege protects statements made:

Accepted Answer

In the performance of a duty or right.

Answer

In a public forum.

Answer

In response to a request for information.

Answer

To a close friend or family member.

Question 16

Which of the following is a statutory defense to defamation in the United Kingdom?

Accepted Answer

The Defamation Act 2013

Answer

The Human Rights Act 1998

Answer

The Criminal Justice Act 2003

Answer

The Data Protection Act 1998

Question 17

Defamation can occur through:

Accepted Answer

Both spoken and written communication

Answer

Only electronic communication

Answer

Only spoken communication

Answer

Only written communication

Question 18

In the defense of justification:

Accepted Answer

The burden of proof lies with the defendant to prove the truth of the defamatory statement.

Answer

It is an absolute defense, regardless of the truth of the statement.

Answer

It requires the defendant to prove that the statement was made in the public interest.

Answer

It is only available in cases involving public figures.

Question 19

When determining the seriousness of harm in defamation cases, courts will consider:

Accepted Answer

The extent of the publication and the impact on the claimant's reputation

Answer

The social status of the claimant

Answer

The intent of the defendant

Answer

The financial loss suffered by the claimant

Question 20

A private communication can still be defamatory if:

Accepted Answer

It is overheard or disclosed to a third party

Answer

It is made to a close friend

Answer

It is made intentionally

Answer

It is made in writing

Question 21

Regarding the 'serious harm' threshold for defamation claims in the UK, which statement is correct?

Accepted Answer

The statement must be likely to cause substantial harm to the claimant's reputation.

Answer

Any harm to reputation, regardless of severity, is sufficient for a claim.

Answer

Actual financial loss resulting from the statement must be proven by the claimant.

Question 22

In a defamation case, the defence of 'truth' means that:

Accepted Answer

The statement made about the claimant was factually accurate and true.

Answer

It was made in the public interest.

Answer

The defendant genuinely believed the statement to be true.

Question 23

A journalist publishes an article criticizing a local politician's policies. Which defence is most likely to be relied on if sued for defamation?

Accepted Answer

Honest opinion

Answer

Innocent dissemination

Answer

Absolute privilege

Answer

Truth

Question 24

Which is NOT a potential remedy available in a successful defamation claim?

Accepted Answer

Imprisonment of the defendant

Answer

An injunction to prevent further publication

Answer

Damages (financial compensation)

Answer

A court order for the publication of a correction/apology

Question 25

What is the primary distinction between libel and slander?

Accepted Answer

Libel is defamation in permanent form (e.g., written or published), while slander is temporary (e.g., spoken).

Answer

Libel is always written, while slander is always spoken.

Answer

Libel is more serious and carries higher penalties than slander.

Question 26

The Defamation Act 2013 introduced a requirement for claimants to demonstrate 'serious harm' to their reputation. What's the main purpose of this requirement?

Accepted Answer

To discourage frivolous or vexatious defamation claims

Answer

To make it easier for individuals to sue for defamation

Answer

To increase the amount of damages awarded in defamation cases

Question 27

A statement is said to be defamatory when it:

Accepted Answer

Tends to lower the claimant's reputation in the eyes of right-thinking members of society

Answer

Causes annoyance or hurt feelings to the claimant

Answer

Is factually inaccurate, regardless of its impact on reputation

Question 28

When can a website operator rely on the defence of 'innocent dissemination'?

Accepted Answer

When they can show that they were unaware of the defamatory nature of the statement and were not negligent in failing to be aware.

Answer

When they removed the defamatory statement as soon as they became aware of it