Defenses to Defamation: Quiz and Study Guide for Media Law and Ethics

Question 1

In defamation cases, which defense asserts that the defamatory statement is true?

Accepted Answer

Truth

Answer

Honest belief

Answer

Privilege

Answer

Consent

Question 2

In a defamation case involving privilege, who bears the burden of proof?

Accepted Answer

The defendant must establish that the privilege applies.

Answer

The plaintiff must demonstrate that the privilege does not apply.

Answer

The burden of proof shifts depending on the specific privilege.

Answer

There is no burden of proof on either party.

Question 3

Which of the following is not considered a qualified privilege?

Accepted Answer

Publishing defamatory material in a newspaper without justification

Answer

Reporting on government proceedings

Answer

Defending oneself in a defamation lawsuit

Answer

Communicating within the scope of employment

Question 4

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

Accepted Answer

Absolute privileges offer comprehensive protection against defamation liability, whereas qualified privileges provide only limited protection.

Answer

Qualified privileges offer comprehensive protection against defamation liability, whereas absolute privileges provide only limited protection.

Answer

There is no distinction between absolute and qualified privileges.

Answer

Absolute privileges apply strictly to courtroom statements, while qualified privileges encompass a broader range of communications.

Question 5

Which of the following is NOT a valid defense against defamation claims?

Accepted Answer

Malice

Answer

Truth

Answer

Fair comment

Answer

Privilege

Question 6

In the defense of truth, which party bears the burden of proving the truth of the statement?

Accepted Answer

Defendant

Answer

Plaintiff

Answer

Judge

Answer

Jury

Question 7

Which of the following is NOT a requirement for the defense of fair comment?

Accepted Answer

The comment must be published in a newspaper.

Answer

The comment must be based on a matter of public interest.

Answer

The comment must be made without malice.

Answer

The comment must be supported by facts.

Question 8

In a defamation case, the defense of consent:

Accepted Answer

Protects the defendant from liability.

Answer

Negates the falsity of the statement.

Answer

Requires the plaintiff's explicit written agreement.

Answer

Can only be used in cases of unintentional defamation.

Question 9

The Defamation Act 2013 introduced a new defense of:

Accepted Answer

Trivial harm

Answer

Responsible journalism

Answer

Public interest

Answer

Substantial truth

Question 10

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

Accepted Answer

Provocation

Answer

Truth

Answer

Fair comment

Answer

Consent

Question 11

In the context of defamation, 'fair comment' refers to:

Accepted Answer

An opinion that is based on facts and is not malicious

Answer

A statement of fact that is true and in the public interest

Answer

A statement of opinion that is malicious and not based on facts

Answer

A statement of opinion that is based on facts but is malicious

Question 12

To successfully assert the defense of truth in a defamation case, the defendant must prove that:

Accepted Answer

The statement is substantially true

Answer

The statement is literally true

Answer

The statement is believed to be true

Answer

The statement is not defamatory

Question 13

The Reynolds defense in defamation law protects:

Accepted Answer

Media outlets from liability for publishing defamatory statements about public figures

Answer

Public figures from liability for making defamatory statements about media outlets

Answer

Private individuals from liability for making defamatory statements about public figures

Answer

Media outlets from liability for publishing defamatory statements about private individuals

Question 14

Which of the following is the key difference between slander and libel?

Accepted Answer

Slander is spoken defamation, while libel is written defamation

Answer

Libel is spoken defamation, while slander is written defamation

Answer

Slander is more serious than libel

Answer

Libel is more serious than slander

Question 15

Which defense to defamation is exclusive to the legal system of the United Kingdom?

Accepted Answer

Offer of amends

Answer

Truth

Answer

Fair comment

Answer

Statute of limitations

Question 16

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

Accepted Answer

Mitigation of damages

Answer

Truth

Answer

Privilege

Answer

Fair comment

Question 17

In the defense of truth, the defendant must prove that the statement made was:

Accepted Answer

Substantially true

Answer

False but not malicious

Answer

Completely true in every detail

Answer

Partially true but not substantially true

Question 18

Which of the following is NOT a remedy available to a successful claimant in a defamation case?

Accepted Answer

Imprisonment

Answer

Injunction

Answer

Damages

Answer

Retraction

Question 19

The defense of innocent dissemination is available to defendants who:

Accepted Answer

Did not know and had no reason to know that the statement was defamatory

Answer

Were acting under the authority of a superior

Answer

Retracted the statement within a reasonable time

Answer

Published the statement with malicious intent

Question 20

The defense of retraction is available to defendants who:

Accepted Answer

Promptly publish a retraction and apology of the defamatory statement

Answer

Claim that they were acting under the authority of a superior

Answer

Offer the plaintiff a financial settlement

Answer

Prove that the statement was made in the public interest

Question 21

The defense of justification is available to defendants who:

Accepted Answer

Prove that the statement made was true

Answer

Claim that they were acting under the authority of a superior

Answer

Retract the statement and apologize to the plaintiff

Answer

Prove that the statement was not defamatory

Question 22

Which of the following is NOT a potential defense to defamation?

Accepted Answer

Subjective Opinion

Answer

Truth

Answer

Privilege

Answer

Fair Comment

Question 23

The defense of Truth requires the defendant to prove that:

Accepted Answer

The statement published is substantially true in both content and context

Answer

The plaintiff is a public figure

Answer

The statement is not false

Question 24

Fair Comment, as a defense to defamation, applies when:

Accepted Answer

The statement is based on facts that are true or not disputed and is a matter of public interest

Answer

The defendant is a member of the media

Answer

The statement is made without malice

Question 25

Which type of privilege provides absolute protection against defamation claims for statements made in legal proceedings?

Accepted Answer

Absolute Privilege

Answer

Qualified Privilege

Answer

Conditional Privilege

Question 26

In a defamation case, the onus of proving a defense lies upon:

Accepted Answer

The Defendant

Answer

The Judge

Answer

Both the Plaintiff and Defendant equally

Answer

The Plaintiff

Question 27

Which of the following is NOT a factor considered when determining whether a statement constitutes fair comment?

Accepted Answer

The personal opinion of the defendant

Answer

The reliability of the sources used

Answer

The seriousness of the allegation made

Answer

The public interest in the subject matter

Question 28

Qualified Privilege protects statements made:

Accepted Answer

In the fulfillment of a legal, social, or moral obligation

Answer

Solely in the public interest

Answer

With the prior consent of the plaintiff