NCTJ ESSENTIAL MEDIA LAW FINAL EXAM ACTUAL
QUESTIONS AND ANSWERS SURE A+
✔✔When does the lifelong anonymity for victims/alleged victims of sex offences start? -
✔✔As soon as the allegation is made.
✔✔Does lifelong anonymity for victims/alleged victims of sex offences apply only in
criminal courts? - ✔✔No-It also applies in civil courts and employment tribunals.
✔✔Does lifelong anonymity for victims/alleged victims of sex offences apply to dead
victims? - ✔✔No
✔✔How old do you have to be to waive your anonymity in cases of sex offences? -
✔✔16
✔✔What are the conditions for someone successfully waiving their right to anonymity in
the case of sex offences? - ✔✔The waiver should be given in writing, they must
understand what they are doing and nobody should have interfered with their 'peace
and comfort'
✔✔What information cannot usually be given in reporting a sex offence case? - ✔✔-
Name
-Address
-School or workplace
-Any still or moving picture -'A likeness however produced'
✔✔Which act gives anonymity for the victims of human trafficking? - ✔✔S2 Modern
Slavery Act 2015
✔✔Which act gives anonymity for the victims of female genital mutilation? - ✔✔S4a and
schedule 1 Female Genital Mutilation Act 2003
✔✔Under which act can an adult witness be granted anonymity if they are considered to
be in fear or distress? - ✔✔S46 Youth Justice and Criminal Evidence Act 1999
✔✔What defence law can be given if a reader's comment breaks the law? -
✔✔Regulation 19 under EU law is a defence if a reader's comment breaks any law
although the comment must be deleted and public access disabled as soon as the
comment is flagged up.
✔✔What does clause 11 of the Editor's Code say with regards to covering sex offence
cases? - ✔✔The press must not publish anything which may lead to identification
unless legally free to do so and there's justification.
, ✔✔What does clause 7 of the Editor's Code say with regards to covering children under
16 in sex offence cases? - ✔✔The press must not identify children under 16 who are
the victims or witnesses in sex offence cases and the word 'incest' must not be used as
this may lead to identification.
✔✔What are the four definitions of defamations? (4) - ✔✔-Expose a person to hatred
ridicule or contempt.
-Cause them to be shunned or avoided.
-Lowering them in the eyes of right-thinking people generally.
-Disparage them in their business, office, trade or profession.
✔✔Under the Defamation Act 2013, the claimant must prove what to be successful in
their claim? - ✔✔That the published statement has caused or is likely to cause serious
harm to his/her reputation. (If it is a company, they must prove that the statement has
caused serious financial loss.)
✔✔What is an inference? - ✔✔A statement with a secondary meaning which can be
understood by someone without special knowledge.
✔✔What is an innuendo? - ✔✔A statement which may seem harmless to some people
but defamatory to others with special knowledge.
✔✔What three things must the claimant prove in a defamation case? - ✔✔-That the
publication is defamatory.
-That it must reasonably be understood to refer to him/her.
-That it was published to a third party.
✔✔Does the claimant in a defamation case have to prove that the statement was false?
- ✔✔No
✔✔How is repetition of libel treated? - ✔✔It is treated as fresh libel.
✔✔Why might it be best to settle a defamation case out of court? - ✔✔-Uncertainty of
how a judge will interpret meaning.
-Difficulty of proving the truth.
-Huge damages could be award if the trial is lost .
-Huge court costs.
✔✔What is the single publication rule in defamation? - ✔✔When bringing an action for
defamation, you must do it within one year of publication and this period begins from the
date of the first publication.
QUESTIONS AND ANSWERS SURE A+
✔✔When does the lifelong anonymity for victims/alleged victims of sex offences start? -
✔✔As soon as the allegation is made.
✔✔Does lifelong anonymity for victims/alleged victims of sex offences apply only in
criminal courts? - ✔✔No-It also applies in civil courts and employment tribunals.
✔✔Does lifelong anonymity for victims/alleged victims of sex offences apply to dead
victims? - ✔✔No
✔✔How old do you have to be to waive your anonymity in cases of sex offences? -
✔✔16
✔✔What are the conditions for someone successfully waiving their right to anonymity in
the case of sex offences? - ✔✔The waiver should be given in writing, they must
understand what they are doing and nobody should have interfered with their 'peace
and comfort'
✔✔What information cannot usually be given in reporting a sex offence case? - ✔✔-
Name
-Address
-School or workplace
-Any still or moving picture -'A likeness however produced'
✔✔Which act gives anonymity for the victims of human trafficking? - ✔✔S2 Modern
Slavery Act 2015
✔✔Which act gives anonymity for the victims of female genital mutilation? - ✔✔S4a and
schedule 1 Female Genital Mutilation Act 2003
✔✔Under which act can an adult witness be granted anonymity if they are considered to
be in fear or distress? - ✔✔S46 Youth Justice and Criminal Evidence Act 1999
✔✔What defence law can be given if a reader's comment breaks the law? -
✔✔Regulation 19 under EU law is a defence if a reader's comment breaks any law
although the comment must be deleted and public access disabled as soon as the
comment is flagged up.
✔✔What does clause 11 of the Editor's Code say with regards to covering sex offence
cases? - ✔✔The press must not publish anything which may lead to identification
unless legally free to do so and there's justification.
, ✔✔What does clause 7 of the Editor's Code say with regards to covering children under
16 in sex offence cases? - ✔✔The press must not identify children under 16 who are
the victims or witnesses in sex offence cases and the word 'incest' must not be used as
this may lead to identification.
✔✔What are the four definitions of defamations? (4) - ✔✔-Expose a person to hatred
ridicule or contempt.
-Cause them to be shunned or avoided.
-Lowering them in the eyes of right-thinking people generally.
-Disparage them in their business, office, trade or profession.
✔✔Under the Defamation Act 2013, the claimant must prove what to be successful in
their claim? - ✔✔That the published statement has caused or is likely to cause serious
harm to his/her reputation. (If it is a company, they must prove that the statement has
caused serious financial loss.)
✔✔What is an inference? - ✔✔A statement with a secondary meaning which can be
understood by someone without special knowledge.
✔✔What is an innuendo? - ✔✔A statement which may seem harmless to some people
but defamatory to others with special knowledge.
✔✔What three things must the claimant prove in a defamation case? - ✔✔-That the
publication is defamatory.
-That it must reasonably be understood to refer to him/her.
-That it was published to a third party.
✔✔Does the claimant in a defamation case have to prove that the statement was false?
- ✔✔No
✔✔How is repetition of libel treated? - ✔✔It is treated as fresh libel.
✔✔Why might it be best to settle a defamation case out of court? - ✔✔-Uncertainty of
how a judge will interpret meaning.
-Difficulty of proving the truth.
-Huge damages could be award if the trial is lost .
-Huge court costs.
✔✔What is the single publication rule in defamation? - ✔✔When bringing an action for
defamation, you must do it within one year of publication and this period begins from the
date of the first publication.
