Marking Guide- Ways to Get marks- Feedback
Advise the newspaper regarding one possible defence they could argue and their likelihood of success. (4 marks)
1-Possible defence, identify clearly
1-Demonstrates clear understanding of the comonents of defence
1- Accurate and meaningful use of stimulus
1- Clearly answer the question- is the defence likely to succeed
Min 4 sentences- 1 good paragraph- 12 lines
EG: A newspaper runs a story about the recent conviction of a serial killer. The article describes the killer’s past convictions for theft, robbery and assault. The killer sues for defamation, claiming that he has never been convicted of any assault offences.
A possible defence that the newspaper could use is justification. Justification can be used when the core idea of a defamatory statement is based in truth. The newspaper article wrote about how the serial killer had past convictions of theft, robbery and assault. Despite assault not being true and the newspaper not accurately describing the serial killer’s history, the substance of the statement was that he had a bad criminal past involving robbery and theft. The massive part of the statement is true. For this reason, I would advise the newspaper that their defence is likely to succeed.