Deck 18: Freedom of Expression and Privacy

Question 1

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.

Answer 1

True

Question 2

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?

A) In the interests of national security
B) For the prevention of crime
C) For the protection of morals
D) For the protection of privacy

Answer 2

A

Question 3

Which of the following statements are TRUE?

A) The Criminal Justice and Immigration Act 2008 lays down the penalties for the crime of blasphemy
B) There is no defence in relation to the law on obscenity in live performances
C) There is no distinct legal prohibition against pornography
D) It is an offence to send obscene materials through the post

Answer 3

C

Question 4

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

A) Staleness
B) Public Interest
C) Fair comment
D) Iniquity

Question 5

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

Question 6

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

Question 7

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

Question 8

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?

Question 9

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

Question 10

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

A) Defence of defamation by agency
B) Defence of truth
C) Defence of fair comment
D) Defence of unintentional defamation

Question 11

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

A) Emails
B) Newsgroup postings
C) Webpages
D) Internet reply chat

Question 12

Which Article of the ECHR relates to freedom of expression?

A) 8
B) 9
C) 10
D) 11

Question 13

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

Question 14

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.

Question 15

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

Question 16

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.

Question 17

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.

Question 18

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

Question 19

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

Question 20

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

A) Article VIII
B) Article IX
C) Article X
D) Article XI

Question 21

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