No, the accused will be identifiable so broadcasting => contempt of court

What of the below can be reported during the course of a trial?

All material facts before the court in a fair and accurate way

What elements make a statement defamatory?

A statement + 3rd party + identifiable person + people think less of them

In which of the following statements does privilege NOT apply?

A statement that is 100% accurate and is independently verifiable

In which of the following instances would the use of a copyright protected clip be covered by the fair dealing defence?

It's used to report on current events + there is sufficient acknowledgement

Yes: this is a private matter + no public interest justification

When reporting on a bail application, which of the following can you NOT publish?

The criminal record of the applicant

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Quiz 2 Legal Training

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Questions 20

Answers

1
Scenario 5
No, the accused will be identifiable so broadcasting => contempt of court
Yes, the story came about prior to any charges making it okay to run it.
Yes, so long as the accused isn’t named it is okay to proceed.
Yes, the story is relevant to our audience who deserve the full details.
2
A mother is charged with serious assault causing harm to her infant child. Can you name her in a court report?
Yes
No
3
When are criminal proceedings sub judice?
When the person is arrested
When the person first appears before the court
When the judge/jury are asked to make their decision
When the person is charged
4
Which of the following may NOT be defamatory?
Allegations of criminal activity
Insults couched in satire
Allegations of sexual immorality
Accusations of incompetence in ones's profession
5
What of the below can be reported during the course of a trial?
Anything can be reported once a conviction is handed down
Opinion pieces providing context for why it's NB the trial be decided X way
All material facts before the court in a fair and accurate way
Civil cases: no restrictions BUT criminal cases: restricted reporting
6
Scenario 6
Yes
No
7
Scenario 2
Pre-Record the interview as opposed to hosting it live
Offer the Clinic a ROR
Pixelations/Voice Distortions
All the above
8
During a trial, which of the following can you NOT do?
Show an accused from social media holding a gun
All of the above
Show an accused in handcuffs for the duration of their trial
Show an accused verbally abusing and spitting at a Garda
9
Under what circumstances can you name someone charged with rape prior to a conviction?
Once the victim agrees to the accused being named
Never
When naming them won’t identify the victim
10
What elements make a statement defamatory?
A statement + 3rd party + person + causes serious harm to the person.
A statement + 3rd party + identifiable person + people think less of them
A statement + 3rd party + person + it is highly offensive.
11
It is a defence to a defamation claim if
You clarify the statement by saying it is a rumour or it is alleged.
All of the above.
The statement is true.
The statement was said by someone else, and you are only reporting on it
12
Scenario 4
Yes, they own the copyright
No, the song is already available for free on YouTube so you can use it.
13
True or False: There is no right to privacy in a public place
True
False
14
In which of the following statements does privilege NOT apply?
A statement that is 100% accurate and is independently verifiable
A statement said in court
A Statement made in the Oireachtas
A statement reported from official public documents/meetings
15
In which of the following instances would the use of a copyright protected clip be covered by the fair dealing defence?
Where the clip would otherwise be too expensive to obtain
It's used to report on current events + there is sufficient acknowledgement
Where the author of the clip is difficult to get in contact with
16
SCENARIO 1
The family of the deceased
The coffee truck company
Nobody because the defamed owner has died
17
Scenario 3
No: Tom holds himself out to the public as a celebrity -no right to privacy
Yes: this is a private matter + no public interest justification
No: Tom is so beloved the public will really want to know this information.
18
When is it acceptable to name minors being criminally prosecuted?
Once charges have been brought then minors can be named
Minors can only be named once they are convicted
Minors can never be named
Minors can be named once they turn 17
19
When reporting on a bail application, which of the following can you NOT publish?
The criminal record of the applicant
The outcome of the application
The address of the bail applicant
Details of the crime with which he was charged
20
Which of the following is NOT taken into consideration in a defamation claim?
How many people recognise the person being discussed
How many people the statement is being made to
Fault

Quiz 2 Legal Training Flashcards | StudBud