Exam 18: Freedom of Expression and Privacy

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Under the Electronic Commerce (EC Directive) Regulations 2002 which of the following is NOT regarded as libel?

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Giving case law examples, outline the courts' approach to the qualified privilege relating to newspapers.

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The courts' approach to the qualified privilege relating to newspapers can be seen in various case law examples. One such example is the case of Reynolds v Times Newspapers Ltd [2001] 2 AC 127, where the House of Lords outlined the criteria for the defense of qualified privilege in defamation cases involving newspapers. The court held that the publication must be in the public interest, the journalist must have acted responsibly, and the publisher must have taken reasonable steps to verify the accuracy of the information.

Another case that demonstrates the courts' approach to qualified privilege is the case of Bonnard v Perryman [1891] 2 Ch 269, where the court held that a newspaper could rely on qualified privilege if the publication was made in good faith and without malice, and if the information was of public interest.

Overall, the courts' approach to the qualified privilege relating to newspapers emphasizes the importance of responsible journalism, public interest, and the verification of information. This approach provides newspapers with a defense against defamation claims as long as they can demonstrate that their publication was made in good faith and in the public interest.

The term pornography is fully defined in the Obscene Publications Act 1959.

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To what extent do you believe that the terms 'deprave' and 'corrupt' in the Obscene Publications Act 1959 leave scope for the subjective application of the law?

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Which of the following are mentioned as legal restrictions necessary in a democratic society in pursuit of which the State can infringe upon Article 10 of the ECHR?

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Which of the following is NOT a defence to an action for defamation?

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With reference to case law, explain the competing interests which exist in relation to the law on privacy and the publication of information.

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Slander is defamation in a permanent form, libel is defamation in the form of the spoken word.

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Which of the following are some of the potential defences to an action for breach of confidence?

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Under which article of the Bill of Rights is freedom of speech guaranteed to Members of Parliament?

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Under the Racial and Religious Hatred Act of 2006 it is an offence to direct a play which uses threatening words if there is intent to stir up racial hatred.

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Article 10 of the ECHR which relates to freedom of expression is a limited right.

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Giving case law examples, outline whether or not the right to freedom of expression includes a right to access information.

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In the case of R v Secretary of State for the Home Department ex parte Simms (1999) it was held that a blanket ban on prisoners being visited by journalists in their professional capacity was a lawful infringement on Article 10 ECHR.

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Under both English and Scottish law, the law on contempt of court may be both civil and criminal.

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Describe the development of the UK's laws relating to incitement to racial hatred.

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It was held in the case of Derbyshire County Council v Times Newspapers (1993) that neither local nor central government has standing to sue for defamation.

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With reference to case law, outline how Article 10 of the ECHR has impacted upon the law of contempt of court.

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Under Article 14 of the E-Commerce Directive an Internet Service Provider is immune from libel actions if they do not have knowledge of the illegal activity or knowledge of facts or circumstances from which it is apparent that the activity or information is illegal.

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Which of the following statements are TRUE?

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