notes

Note: I wasn't able to attend the second revision section, but listened through the audio recording on Moodle.

Media law Examination 2011

N.B. Answers are in bold for multiple choice.

1) Answer a, b, c or d. 1 mark per question.

i. A trial of an indictable offence is heard in which court?
a. The High Court
b. The Divisional Court
c. The Crown Court
d. The Magistrates Court

Note: These may be somewhat scattered and incomplete, same caveat with all my notes -- Battle moves really quickly through this stuff. Also, apologies for any spelling errors.

• Have to answer all questions. “You need to know a little about a lot.”
• “Preferable” to know the cases and the statutes.

Answers for 2010 test (Questions available on Moodle):

1. Magistrates Court
2. (Didn't get it)
3. Crown Court
4. Inditement
5. Strasbourg
6. Public authority
7. Attorney General

For exam

• 30 multi-choice questions;
• Know the names and intent of provisions; know case names.

Important cases

• Flood v. Times Newspapers Ltd. (2011) -- Supreme Court
  • Upholds and restates the Reynolds Defence.
  • Article allegations that a British security company with wealthy Russian clients paid for sensitive information about extraditions
  • Subject to a libel complaint from police officer named. Flood was exonerated, so was pressing for libel.

From last week:

• Section 4(2) -- postponement order. Allows postpone publication of proceedings. Not forever. For avoiding a substantial risk of prejudice in administrating justice.
• Section 39 -- Children and Young Persons Act 1933. Wide-ranging order allowing courts to grant order preventing identification of anyone 17 or under involved in court proceedings, either criminal or civil.
• Section 11 order -- Allows court to withhold name of individual from public. I.e., in a blackmail case.

Questions from last week:
+ Talking to people in hospital?
+ Must identify as a journalist and get permission from hospital authorities.
+ What's the difference between an assignment in copyright law and license
+ Assignment: complete transfer from A to B.
+ License: permission being granted to use a copyrighted work for a certain purpose.
+ Where would you go on appeal of fact from the Magistrate's Court?
+ Appeal would lie to the Crown Court.

Answers from last week:

Questions from last week:

• What is a §39 order?
  • Court can make an order to prevent the identification of person aged 17 and younger involved in criminal or civil proceedings.
• What case prevents political entities suing for libel?
  • Darbisher County v. Telegraph (?)
• Identifying a celebrity’s house?
  • PCC -- you should not identify somebody’s location.
    • Daniel Craig
    • Miz Dyna Mite
• Deputy to Attorney General
  • Solicitor General -- Edward Garnier

From last week

• Reynolds Defence: Defence of responsible journalism on matters of real public interest.
  • Pg. 257 of Quinn
    • 10 step procedure
  • There will be something on the exam.
    • Some students have learned what all ten factors are.
• Offer of amends
  • An honest mistake is made, publisher admits it and offers some way to amend situation.
• Defence of innocent dissemination

For next class -- Ch. 20

Libel, cont’d

Quiz of the week:
+ What is the Reynolds Defence? What are the ten factors?
+ What is the offer of amends defence? An example of when it can be used?
+ What is the defence of innocent dissemination?
+ What is the difference between general damages and special damages?
+ What is the rule in Bonnard v. Perryman

Defamation defences

• Who can sue?
  • Individuals
    • Not the dead
      • However, complaint can be brought via PCC or Ofcom.
    • Groups of individuals
    • Who is reasonably identifiable?
      • Holton v. Jones 1910
        • Test is whether an allegation could reasonably lead to a person being identified
      • Group of non-English cricketers in 1995 sued Cricket Wisdom for saying “non-England born” players were less dedicated to the team.