What to concentrate on:
qualified privilege
copyright (fair dealing)
LIBEL/DEFAMATION, CONTEMPT, PRIVACY (definitions)
restrictions on court cases, when are they active, what can be said about people on trial. What can be said before verdict what can be said before appeal.
state secrets, family secrets, private family life. privacy. commercial secrets.
Identification cases in Libel.
Defences. The 3 main ones. Justification (it's true and we can prove it) Comment (It was opinion) Qualified privilege (I was allowed)
Understand the reynolds defence. 10 POINTS!
qualified privilege in all it's forms. Statutory qualified privilege- if it's a court case or parliament then you cant be sued for libel as long as it's fact accurate and fair (as long as you say the other side 'he denies it'/he pleaded not-guilty/the case continues). Even if its defamatory.
common law qualified privilege. Reynolds case.
contempt of court-doing anything at all that will disrupt a case. Prejudice!
Legal prejudice-to pre judge someone before you've seen evidence. Don't negatively influence the jury. The jury should be going the extra mile to acquit.
It should be beyond reasonable doubt that the person committed the crime. The standard of evidence should be very high. A jury member must only judge on what they have heard in the court.
when the case is active and when it's not active 1981 defamation act. When case is active qualified privilege applies. If you prejudice the jury when the case is active you can go to jail.
Danger of libel before case is active. Danger of contempt when case is active.
once the court is in session, the case is active and the jury are sworn in you can report anything you like. Get one word wrong and you lose qualified privilege.
The Chris Jeffrey's case. Massive contempt of court, Jo Yeats landlord.
reporting restrictions. What can we say about people? Don't write about young people in the criminal system, or call a lawyer.
Which courts do which things? (crown/magistrates)
consent, implied and explicit.
fair dealing, how can you include someone elses material in a review.
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