This document contains a series of multiple choice questions about defamation law in English law. It tests the definition of defamation, who decides if words are defamatory, whether defamation and libel are interchangeable, if juxtaposition can constitute defamation, the test for fair comment, what branch of law defamation falls under, if each publication is a new defamation, the defense available to internet companies for third party content, what publications have absolute privilege, and where a renowned libel lawyer was born.

1. 1. The definition of defamation in English law is: "the publication of a
statement which tends to lower a person in the estimation of right-
thinking members of society generally, or which tends to make them
shun or avoid that person". Is this a correct definition of defamation?
• Yes
No
2. Would it be correct to say in most cases that "it is for the judge to
decide whether the words are capable of a defamatory meaning and, if
they are, it is for the jury to decide if they do in reality constitute a
defamation of the plaintiff"?
• no
Juries only ever estimate the damages and decide nothing else in a
case.
The judge only ever guides the jury, and they decide everything.
yes
3. Would it be correct to say that "defamation" and "libel" are two
interchangeable words and that they mean the same thing in reality?
• yes
Libel, unlike defamation, is only ever spoken and never written.
Libel is is a defamation where financial loss occurs
no
4. Would it be possible to defame someone by simple juxtaposition? By
this is I mean depicting them in a derogatory position. An example of
this would be a museum placing a waxwork of someone not guilty of
murder in a "chamber of horrors".
• no
yes
only if they are politicians
only if they are public figures prior to the defamation
5. In English law we are allowed to make "fair comment" on a matter of
public interest. Amongst other things would it be true to say that the
test of this defence includes whether it is "an honest person expressing
their genuine opinions"?
• Yes
No
Lucy Taylor

2. 6. In which branch of English law is defamation normally found?
• equity
criminal law
human rights
tort
7. Every time a defamatory statement is made there is a fresh
publication and this is actionable. Is there a special defence for
publishing something defamatory that is open to an internet company,
this defence arising when the company does not know that a
publication on its web site is defamatory?
• Yes
No
8. Which one of the following publications is not open to a defence of
"absolute privilege"?
• a testimonial given to an employer
statements in the course of Parliamentary proceedings
relevant statements made in official legal proceedings
fair and accurate reports of proceedings in the European Court of
Justice
9. In ordinary circumstances is it a defence to show that the defendant
never intended to refer to the person defamed?
• yes, but only if the defamed is not a politician
yes
no
yes, but only if the person defamed is not publicly known
10. George Carman QC recently died at the age of 71. He was a
renowned libel lawyer. Do you know where he was born?
• Southend -on-sea, England
Blackpool, England
just off Middle Temple Lane in London, England
Ayr in Scotland
Lucy Taylor