Defamation and obscenity

Overview

Recall questions on when a statement is defamatory under the Defamation Act 2013, the defences of truth, honest opinion, public interest and privilege, and the test for obscenity under the Obscene Publications Act 1959, as restrictions on Article 10.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   Under the Defamation Act 2013, when is a statement defamatory?

   Model answer

   When it causes or is likely to cause serious harm to the claimant's reputation.

2. 2

   How does the tort of defamation restrict Article 10?

   Model answer

   By providing a remedy for the publication of statements that cause serious harm to a person's reputation.

3. 3

   What additional requirement applies to bodies trading for profit in defamation claims?

   Model answer

   They must show serious financial loss.

4. 4

   Name the defence of truth in defamation.

   Model answer

   Truth is a complete defence where the defendant proves the statement is substantially true.

5. 5

   What is the defence of honest opinion in defamation?

   Model answer

   A defence where the statement is an opinion based on facts, which an honest person could have held.

6. 6

   What is the defence of publication on a matter of public interest in defamation?

   Model answer

   A defence where the statement was on a matter of public interest and the defendant reasonably believed publication was in the public interest.

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