MEDIA LAW SECOND YEAR

What is the legal definition of defamation in English law

Publication of a false statement that causes or is likely to cause serious harm to the reputation of the claimant (Defamation Act 2013, s.1).

What are the two categories of defamation

Libel (written or permanent form including online posts) and slander (transient/oral).

Name the statute that modernised defamation law in England and Wales in 2013. The Defamation Act 2013.

What is the 'serious harm' threshold and where is it found

Claimant must show serious harm to reputation (s.1 Defamation Act 2013). For companies, this means serious financial loss.

List the basic elements a claimant must prove in defamation. 1) Statement is defamatory; 2) It refers to the claimant; 3) It was published to a third party; 4) It caused or was likely to cause serious harm.

What counts as 'publication' in defamation law

Communication of the statement to at least one person other than the claimant, including online posts, broadcast, print, or emails.

Explain 'identification' in defamation. The claimant must be identifiable from the statement by readers/listeners â€" identification can be by name, description, or context.

How does the law treat group/libel (when a statement refers to a group)

If the group is sufficiently small that the statement can be taken to refer to an individual within it, members may sue. Large groups are generally not actionable.

What is the difference between 'fact' and 'opinion' in defamation

Facts are statements that can be proven true/false; opinions cannot. Opinions can be protected by the 'honest opinion' defence if based on facts and recognisable as opinion.

How do social media posts impact defamation claims

Online posts are treated as published; platform role may affect liability (e.g., operator vs. author), and republication can increase harm. Jurisdiction and anonymity are practical issues.

Name a notable online defamation case and its significance. Monroe v Hopkins (2017) highlighted serious harm threshold and the role of social media in defamation claims (example of twitter libel allegations).

What is 'republication' and why is it important

Repeating or reposting a defamatory statement counts as a new publication and can restart limitation periods or increase liability.

What is the standard limitation period for bringing a defamation claim

One year from publication (s.4 Limitation Act 1980), though court discretion and issues like continuing publication can affect this.

Can truth be used as a complete defence to defamation

Yes â€" the defendant can defend the claim by proving the imputation is substantially true (s.2 Defamation Act 2013).

What role do apologies and corrections play in defamation disputes

They can reduce damages, show remorse, and sometimes lead to settlement or retraction avoiding trial.

What is the effect of parliamentary privilege on defamatory statements

Absolute privilege protects statements made in Parliament from defamation action.

What is 'serious harm' for public figures vs private individuals

The statutory threshold is the same, but damages and context may differ â€" public figures may face higher scrutiny and have to show serious reputational damage in context.

How does article 10 ECHR (freedom of expression) interact with defamation law

Courts balance article 10 rights against protection of reputation (article 8). Defamation law must be proportionate and compatible with ECHR rights.

What is 'law of the land' principle in reporting court proceedings and defamation

Fair and accurate reporting of public proceedings is generally privileged; accuracy and lack of malice are important.

Give an exam-style scenario question on defamation. You publish an online article naming 'X' as involved in fraud based on an anonymous tip. What steps should you take to limit defamation risk

(Consider verification, right of reply, factual basis, and defences).

What is the importance of 'context' when determining if a statement is defamatory

Context affects how readers interpret a statement: satire, hyperbole, and opinion are more likely to be non-defamatory when context indicates they are not assertions of fact.

How does the Defamation Act 2013 affect website operators and user-generated content

Website operators may rely on defence provisions for hosting content (e.g., s.5 operator defence historically) but liability depends on knowledge, removal actions, and role in publication.

What are damages in defamation and what can they include

Compensatory damages for injury to reputation, aggravated damages for defendant's conduct, and sometimes exemplary damages in rare cases.

Why is witness evidence important in defamation cases

Witness testimony can prove publication, context, truth of imputation, or lack of malice, supporting either claimant or defence.

Explain the role of pre-action protocols in defamation cases. Pre-action protocols encourage exchange of information, corrections, and settlement before litigation; failing to follow them can affect costs and court view.

What are the main statutory defences in the Defamation Act 2013

Truth (s.2), Honest Opinion (s.3), Publication on a Matter of Public Interest (s.4); plus statutory and common law privileges.

Explain the defence of truth and its burden. Defendant must show that the imputation complained of is substantially true; burden is on defendant.

What must be shown for the 'honest opinion' defence

The statement must be recognisable as opinion, based on facts which existed at the time, and an honest person could have held that opinion (s.3).

How does the 'public interest' defence work under s.4

Defendant must show the statement was on a matter of public interest and that they reasonably believed publication was in the public interest.

What is absolute privilege and give two examples where it applies. Absolute privilege gives complete immunity (regardless of malice): e.g., statements in Parliament and statements made in judicial proceedings.

Define qualified privilege in media law. Qualified privilege protects publication on occasions where there is a legal, social or moral duty to publish and the recipient has corresponding interest, provided there is no malice.

How can malice defeat qualified privilege

If the claimant shows the defendant acted with improper motive, spite, or recklessness about truth, privilege is lost.

Give a journalist-focused example where qualified privilege might apply. A fair and accurate report of a court hearing or a police-issued press statement may attract qualified privilege if published without malice.

What is Reynolds privilege and why is it still relevant after 2013

Reynolds v Times established responsible journalism defence factors; while replaced statutorily by s.4, its principles still inform 'responsible investigation' and public interest analysis.

List factors courts consider for responsible journalism (Reynolds factors). Seriousness of allegation, source reliability, steps taken to verify, urgency, whether comment sought from the claimant, tone, and whether allegations were part of inquiry.

How should a journalist document editorial decision-making for relying on the public interest defence

Keep notes of sources, verification steps, emails requesting comment, editorial discussions, and reasons why publication was in the public interest.

When is the defence of honest opinion not available

Not available where statement is presented as fact or not based on any fact; also cannot operate if facts relied upon are untrue and defendant knew them to be untrue.

Does privilege protect reporting of all court proceedings

Generally yes for fair and accurate reports of public proceedings, but reporting restrictions and anonymities may limit what can be published.

How did the Defamation Act 2013 change the landscape for media defences

It codified major defences (truth, honest opinion, public interest) and raised the threshold for bringing claims (serious harm), streamlining earlier case law.

What is the effect of a successful defence of public interest on damages

If the defence succeeds, the defendant avoids liability and damages; the court may still award costs based on conduct.

Explain the difference between 'substantial truth' and 'literal truth'. Substantial truth means the gist or sting of the imputation is true even if some details differ; literal truth requires every detail to be accurate.

Give an exam-style question testing public interest defence. You run an investigation revealing potential misuse of funds at a local charity. You have anonymous documents but no confirmation. Discuss whether s.4 public interest defence protects publication and what steps you should take.

How might correction and offer to apologize interact with defences

Offering correction/apology may prevent litigation or reduce damages; reliance on a defence remains possible but behaviour may influence costs and damages.

What is the role of editors in establishing defences

Editors must ensure verification, legal checking, and documented decision-making; their oversight helps establish reasonableness for public interest defence.

Explain the 'single publication rule' vs 'multiple publication' issues. Single publication rule limits counts to first publication for limitation purposes, but online republication can create continuing publication issues â€" courts examine when harm occurs.

Name a case where public interest defence succeeded or failed and the lesson for journalists. Examples include cases applying Reynolds-type analysis; core lesson: thorough verification and reasonable belief in public interest are critical.

How does mala fides (bad faith) affect defamation defences

Bad faith undermines defences like qualified privilege and public interest; evidence of ill-motive can defeat protection.

What practical house-style steps reduce defamation risk

Fact-checking, right-to-reply, legal sign-off, sourcing policy, anonymising when necessary, and keeping editorial decision records.

Why is jurisdiction important in defamation cases involving online publications

Different countries have different libel laws; claimant may sue in a jurisdiction more favourable to them â€" consider where material is accessible and where serious harm occurred.

What is contempt of court in the context of reporting

Acts or publications that risk prejudicing active legal proceedings, obstructing administration of justice, or breaching court orders.

Name the primary statutory source for contempt of court in relation to publication. Contempt of Court Act 1981 and common law contempt principles.

What is the 'strict liability' rule for contempt by publication

Under s.2(2) Contempt of Court Act 1981, publication is contempt if there is a substantial risk of serious prejudice to active proceedings, regardless of intent.

Define 'active proceedings' for contempt purposes. Proceedings after a person is accused or charged and before final determinationâ€"includes trials, significant stages of investigation where prejudice could impact fairness.

What is the 'substantial risk' test

Whether the publication creates a substantial risk that the course of justice in active proceedings will be seriously impeded or prejudiced.

How long does the strict liability for contempt apply around jury trials

From the time of arrest or charge until the end of trial (including jury retirement), strict liability applies to publications that might prejudice a trial.

What is the '291-day rule' or similar time concepts

Not applicable; ensure careful reference to timing: strict liability applies during active proceedings and where jurors might be influenced.

Give an example of publication that could create contempt by prejudicing a jury. Publishing detailed confession or evidence that is to be presented at trial, or witness identities and prior convictions likely to influence jurors.

What procedures can journalists follow to avoid contempt when reporting ongoing cases

Report only facts from court, avoid publishing evidence or witness details, rely on public documents, seek legal advice, and obey reporting restrictions.

What is interim reporting restriction and how does it differ from contempt

Interim reporting restrictions are court orders limiting publication on certain aspects; breach of order is contempt. Contempt by publication can also arise without orders when risk exists.

Explain 'sub judice' rule in media reporting. Rule that reporting must not create a substantial risk of seriously prejudicing active proceedings; derived from contempt law.

How do social media and live blogging complicate contempt risks

Speed and reach increase risk of prejudice; journalists must be cautious about reposting allegations, comments, and unverified information.

What are reporting restrictions and where do they come from

Restrictions arise from statute, common law, or specific court ordersâ€"intended to protect vulnerability of witnesses or fairness of trial.

What is strict liability contempt punishment range

Courts can impose fines, sequestration, or imprisonment for contempt depending on seriousness.

Explain the concept of 'jigsaw identification' in contempt/privacy contexts. Combining separate pieces of non-identifying info can lead to identification of a protected person (e.g., a minor or complainant), constituting breach of reporting restrictions.

When might a journalist apply for a court's permission to publish sensitive material

When material is restricted by order (e.g., sexual offence complainant identity) or when publication risks contempt; application seeks clarity or lift of restriction.

What is the role of the Attorney General in contempt prosecutions

Attorney General can refer issues or consent to prosecutions; private prosecutions are rare in contempt matters.

Describe the defence of innocent dissemination and its limits in contempt. In contempt, innocent dissemination (e.g., a distributor unaware) is limitedâ€"strict liability focuses on risk; prompt removal can mitigate but not necessarily remove liability.

Give an exam-style scenario on contempt risk and how to respond. A local paper plans to publish a detailed leaked police interview during an ongoing murder trial. What are the contempt risks and legal steps the paper should take

How do contempt rules differ between civil and criminal proceedings

Contempt risk is generally higher in criminal jury trials due to need for impartial jury; civil proceedings have prejudice risks but different consequences.

What is the legal effect of reporting restrictions on naming young people involved in proceedings

Automatic anonymity often applies; naming or identifying them is a criminal offence and contempt/breach of statutory restrictions.

How should journalists handle errors when they have published material risking contempt

Seek immediate legal advice, consider prompt correction/removal, notify court where appropriate, and co-operate with inquiries to mitigate consequences.

What is the 'public interest' argument in defence of reporting that risks contempt

Very limited â€" public interest cannot usually justify publishing material that creates a substantial risk of prejudice to active proceedings; court will balance interests.

What practical red flags should journalists watch for to avoid contempt charges

Ongoing active proceedings, jury trials, publication of evidence or witness details, identification of protected persons, and active court orders restricting reporting.

What statutory protections exist for young people (under 18) in court reporting

Children involved in family or criminal proceedings are commonly afforded automatic anonymity and statutory reporting restrictions under Children and Young Persons Act and other provisions.

When is naming a young person in media coverage likely to be illegal

When reporting identifies a child or young person involved in certain proceedings (e.g., as victim or witness in sexual offences) contrary to statutory restrictions or court orders.

What is the concept of automatic anonymity and which cases does it cover

Automatic anonymity prevents naming of complainants in sexual offence cases and often extends to juveniles in family courts; breaching this is an offence.

Explain how 'jigsaw identification' can breach anonymity for young people. Publishing multiple innocuous facts that together allow identification of a young person can amount to identification and breach anonymity.

What steps should a journalist take when dealing with reports involving young people

Check for reporting restrictions, seek legal advice, anonymise names and details, avoid photos or locations that identify them, and apply newsroom protocols.

How do family court reporting restrictions differ from criminal court restrictions

Family court restrictions are often broader and can be used to protect child welfare, with separate statutory bases and potentially indefinite duration.

Give an example of content that could inadvertently identify a young person. Publishing school name, class year, extracurricular details and neighbourhood together could identify a child even if name is withheld.

What is the role of the Family Division in reporting restrictions

The Family Division handles family law cases and frequently issues reporting restrictions to protect children and vulnerable parties.

How should journalistic use of social media be managed when reporting about young people

Avoid republishing user content that reveals identities, check consent for images, and remove location metadata from photographs.

What are potential penalties for breaching reporting restrictions about young people

Contempt of court, fines, prosecution, and reputational damageâ€"journalists and editors can face legal consequences.

Explain the difference between statutory anonymity and court-ordered anonymity. Statutory anonymity is mandated by statute for certain cases (e.g., sexual offence complainants); court-ordered anonymity arises from specific judicial orders.

What is the best practice for interviewing families or children involved in sensitive cases

Obtain informed consent (if appropriate), use parental/guardian consent, avoid leading questions, and follow safeguarding protocols.

How do data protection considerations interact with reporting on young people

Personal data about minors is sensitive; journalists must consider UK GDPR and Data Protection Act where applicable, especially for intrusive data processing.

Can a journalist appeal a reporting restriction

Yes â€" applications can be made to vary or lift reporting restrictions, but courts balance privacy and welfare against public interest.

What is the importance of editorial checks when handling stories about minors

Ensure legal sign-off, safeguarding officer approval, anonymisation checks, and risk assessment before publication.

Give an exam-style scenario about reporting restrictions and young people. A student is accused in a local criminal case. The newspaper knows the school and year group. Discuss legal restrictions and safe reporting steps.

How should images be treated when reporting cases involving young people

Avoid any image that can identify the child or their location; use neutral stock images when needed.

What guidance do regulatory bodies offer on reporting young people

Press regulators (e.g., IPSO) provide guidance on reporting children sensitively, including consent, harm minimisation and anonymisation.

How does public interest operate when a young person's identity is potentially newsworthy

Exceptional circumstances may justify naming (e.g., serious public safety concerns), but courts require strong reasons and legal advice should be sought.

What is the effect of accidental naming by social media on journalistic reporting

Accidental naming may still lead to identification and breach; journalists should not republish such details and should remove internal content promptly.

How are witnesses under 18 protected in sexual offence trials

Special measures may apply (screens, video links), and reporting restrictions typically protect identities; anonymity is often statutory for complainants.

List four practical newsroom protocols to prevent breaches involving young people. 1) Mandatory legal sign-off; 2) Anonymisation checklist; 3) Safeguarding officer review; 4) Training on social media risks.

Why is sensitivity in language important when writing about young people in court reports

Language affects perceptions and welfare; avoid sensationalism, respect privacy, and avoid implying guilt before verdict.

What reporting restrictions typically apply to complainants in sexual offence cases

Automatic lifetime anonymity for complainants by statute; identifying them is a criminal offence and contempt/breach of court.

What are 'special measures' for vulnerable witnesses and how do they affect reporting

Special measures include screens, pre-recorded evidence, or video links; reporting must avoid revealing identities or details that undermine measures.

How should journalists handle allegations of sexual offences before conviction

Avoid implying guilt, use cautious language (e.g., 'alleged'), apply reporting restrictions and seek legal advice before sensitive publication.

What is the impact of naming an accused in sexual offences before trial

Naming the accused is generally allowed unless restricted, but must take care with reporting that could identify complainants or influence jurors.