Defenses to Defamation: Comprehensive Guide for Media Law and Ethics

Question 1

In order to establish the truth defense, the defendant must prove:

Accepted Answer

The statement is substantially true

Answer

The statement is completely true

Question 2

Which of the following is an example of a statement that is likely to be considered defamatory?

Accepted Answer

John is a liar

Answer

Mary is a wonderful person.

Question 3

Which of the following is NOT a valid defense to defamation in the UK?

Accepted Answer

Censorship

Answer

Privilege

Answer

Fair comment

Answer

Truth

Question 4

In the context of defamation, what does the term 'actual malice' refer to?

Accepted Answer

Publishing defamatory information with knowledge of its falsity or reckless disregard for its truth.

Answer

Publishing defamatory information that is later proven to be true.

Answer

Publishing defamatory information with the specific intent to harm the plaintiff.

Question 5

Which type of privilege protects absolutely against liability for defamatory statements made during certain proceedings?

Accepted Answer

Absolute privilege

Answer

Qualified privilege

Answer

Conditional privilege

Question 6

In order to establish a defense of fair comment, the defendant must prove that:

Accepted Answer

The comment is based on facts that are true or that can be reasonably inferred from true facts.

Answer

The comment is made in a non-derogatory manner.

Answer

The comment is published in a reputable medium.

Question 7

Which of the following factors is NOT considered in determining whether a statement is defamatory?

Accepted Answer

The plaintiff's financial status

Answer

The context in which the statement was made

Answer

The seriousness of the allegation

Answer

The intent of the defendant

Question 8

In the UK, the burden of proof in a defamation case rests with the:

Accepted Answer

Plaintiff

Answer

Jury

Answer

Judge

Answer

Defendant

Question 9

The 'Reynolds defense' is based on the principle that:

Accepted Answer

The public has a right to know about matters of public interest, even if those matters involve defamatory information.

Answer

The truth is always a complete defense to defamation.

Answer

The defendant has a duty to investigate the truth of the information before publishing it.

Question 10

In the context of defamation, the term 'libel' refers to:

Accepted Answer

Written or permanent defamation

Answer

Visual defamation

Answer

Spoken defamation

Question 11

Which of the following is NOT a recognized defense to a defamation claim?

Accepted Answer

Justification

Answer

Privilege

Answer

Truth

Answer

Fair comment

Question 12

The defense of truth requires the defendant to demonstrate that:

Accepted Answer

The alleged defamatory statement is true in substance and in fact.

Answer

The defendant had a reasonable belief that the statement was true.

Answer

The statement was made in the public interest.

Question 13

Which factor is NOT a consideration in the defense of fair comment?

Accepted Answer

The defendant's personal opinion of the plaintiff.

Answer

The extent to which the comment is based on facts.

Answer

The seriousness of the alleged defamation.

Question 14

The defense of consent to publication can be raised when:

Accepted Answer

The plaintiff has given their explicit or implied agreement to the publication of the defamatory statement.

Answer

The defendant reasonably believed that the plaintiff would have consented.

Answer

The statement was made in the public interest.

Question 15

In a defamation lawsuit, the burden of proof to establish the truth of the alleged defamatory statement lies with the:

Accepted Answer

Defendant.

Answer

Jury.

Answer

Judge.

Answer

Plaintiff.

Question 16

The defense of truth requires the defendant to prove that:

Accepted Answer

The statement was substantially true in all material respects.

Answer

The statement was made in good faith.

Answer

The statement was true in some respects.

Question 17

Fair comment is a defense that:

Accepted Answer

Allows the defendant to express their opinion on a matter of public interest, even if the opinion is defamatory.

Answer

Protects statements made in the course of legal proceedings.

Answer

Is available to defendants who have acted in self-defense.

Question 18

Statements made in parliamentary proceedings are protected by:

Accepted Answer

Absolute privilege

Answer

Fair comment

Answer

Truth

Answer

Qualified privilege

Question 19

In a defamation case, the burden of proof is on the:

Accepted Answer

Plaintiff

Answer

Witness

Answer

Jury

Answer

Judge

Question 20

The defense of honest opinion is available when:

Accepted Answer

The statement is based on facts and the opinion is genuinely held.

Answer

The statement is made in the public interest.

Answer

The statement is made in self-defense.

Question 21

Which of the following is NOT a valid defense to a defamation claim?

Accepted Answer

Intentional Harm

Answer

Absolute Privilege

Answer

Consent

Answer

Truth

Question 22

Which of the following is a key element of the defense of fair comment?

Accepted Answer

The statement must relate to a matter of public interest and be based on facts.

Answer

The statement must be proven as absolutely true.

Answer

The statement must be made with malice and intent to harm.

Question 23

Which type of privilege protects statements made in official government proceedings?

Accepted Answer

Absolute privilege

Answer

Qualified privilege

Answer

Statutory privilege

Question 24

What is the fundamental distinction between absolute privilege and qualified privilege?

Accepted Answer

Absolute privilege provides unconditional protection, whereas qualified privilege requires the absence of malice.

Answer

Absolute privilege only applies to government officials, while qualified privilege applies to everyone.

Question 25

Which of the following examples would likely qualify for protection under the fair comment defense?

Accepted Answer

A movie critic's negative review of a film

Answer

A tabloid article spreading unverified rumors about a celebrity

Answer

A social media post containing defamatory statements without any factual basis

Question 26

In a defamation case, which party bears the initial burden of proof?

Accepted Answer

The claimant (plaintiff)

Answer

The defendant

Answer

The judge

Question 27

Which of the following is a potential remedy available in a successful defamation claim?

Accepted Answer

Financial compensation (damages)

Answer

Loss of voting rights

Answer

Deportation

Answer

Imprisonment

Question 28

What was the primary purpose of the Defamation Act 2013?

Accepted Answer

To modernize the law of defamation and introduce new defenses.

Answer

To abolish the common law tort of defamation

Answer

To increase the penalties for defamation

Question 29

Which of the following is a recent development in the field of defamation law?

Accepted Answer

The emergence of 'libel tourism'

Answer

The introduction of a new defense of 'public interest journalism'

Answer

The abolition of jury trials in defamation cases

Question 30

Which defense to defamation places the burden of proof on the defendant to demonstrate that the defamatory statement is factually accurate?

Accepted Answer

Truth

Answer

Privilege

Answer

Statute of limitations

Answer

Fair comment

Question 31

The defense of fair comment is applicable when:

Accepted Answer

The defamatory statement is based on facts that are true or reasonably believed to be true, and the comment is an expression of opinion.

Answer

The defendant intended no harm to the plaintiff's reputation.

Answer

The statement is made in a private setting.

Question 32

Which of the following is not a type of privilege that may be asserted as a defense to defamation?

Accepted Answer

Malice

Answer

Absolute privilege

Answer

Qualified privilege

Answer

Conditional privilege

Question 33

Consent, as a defense to defamation, implies that:

Accepted Answer

The plaintiff has agreed to the publication of the defamatory material.

Answer

The statement is true.

Answer

The statement is based on fair comment.

Question 34

When evaluating the defense of fair comment, which factor is relevant?

Accepted Answer

The severity of the defamatory statement.

Answer

The plaintiff's level of sensitivity.

Answer

The defendant's financial status.

Answer

The number of people who heard or read the statement.

Question 35

A successful defense to defamation can result in:

Accepted Answer

Avoiding legal liability for damages.

Answer

Deportation.

Answer

Loss of voting rights.

Answer

Mandatory imprisonment.

Question 36

Regarding defenses to defamation, which statement is accurate?

Accepted Answer

The onus is on the defendant to establish the defense.

Answer

Truth is the sole defense to defamation.

Answer

Defenses to defamation are absolute and cannot be challenged.