NCTJ Media Law Course Exam UPDATED ACTUAL Questions and CORRECT Answers
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Course
NCTJ Media Law
Institution
NCTJ Media Law
NCTJ Media Law Course Exam UPDATED
ACTUAL Questions and CORRECT
Answers
1.a. Name two sources of law - CORRECT ANSWER- Precedent and statute. Precedent
- a previous decision in a previous case that must be followed in similar cases. Statute - a
written law passed by a legislation body.
NCTJ Media Law Course Exam UPDATED
ACTUAL Questions and CORRECT
Answers
1.a. Name two sources of law - CORRECT ANSWER✔✔- Precedent and statute. Precedent
- a previous decision in a previous case that must be followed in similar cases. Statute - a
written law passed by a legislation body.
1.b. In which court would a student sue a landlord for return of their £600 deposit? -
CORRECT ANSWER✔✔- Civil court as it is to sort out a financial disagreement.
Compensation is arranged at civil courts.
1.c. In which criminal court are defendants normally represented by barristers in a trial? -
CORRECT ANSWER✔✔- High court since barristers deal with serious and high profile
cases. The barrister pleads the case on behalf of the client and their solicitor
1.d. In a civil case, what does the term 'held liable' mean as regards the outcome of the case? -
CORRECT ANSWER✔✔- Defendants in civil cases can't be found guilty, they can only be
held liable for their actions. The defendant is deemed 'liable' when they lose a civil court case
to another individual, and the court determines that the defendant owes the other person
compensation
1.e. If there has been a settlement in a civil court case, what does that mean? - CORRECT
ANSWER✔✔- A settlement agreement is a document that parties use if they have settled a
civil dispute. A settlement seeks to ensure that parties are clear on the terms of the agreement
and avoids confusion. The agreement usually sets out the requirements of the parties and any
compensation that is owed.
2.a. (Warning of dangers of swimming in reservoirs) What is the name of the main statute
which contains law governing such as copying? - CORRECT ANSWER✔✔- Copyright
designs and patents act 1988
2.b. Name the defence in the statute which is most relevant for news reporting - CORRECT
ANSWER✔✔- The 'fair dealings' defence in section 30 of the act recognises the public
interest in news coverage and other types of publication being free of some copyright
, restraints. Section 30 of the act allows some publication of work protected by copyright, if
the publication is 'for the purpose of reporting current events', regardless of whether the
copyright owner consents to this.
2.b.i. Referring to the defence, explain whether anyone could successfully sue the newspaper
for damages because the feature includes the copied extract from the book - CORRECT
ANSWER✔✔- The newspaper could NOT be sued for damages in regards to the copied
extract from the book as long as the work quoted had been made available to the public and
that the quotation is no more than is required 'by the specific purpose for which it is used' and
that the quotation is accompanied by 'sufficient acknowledgement'.
2.b.ii. Referring to the defence, explain whether anyone could successfully sue the newspaper
for damages because the feature includes the copy of the video clip - CORRECT
ANSWER✔✔- The newspaper could NOT be sued for damages regarding the copy of the
video clip since the fair dealings defence covers media use of copied film footage and sound
recordings, including in digital forms. The defence states sound recordings, films or
broadcast reports do not need to acknowledge the copied works title, do not need to include a
description of it not the identity of the person who posted it. However, acknowledgements
help prove fairness in court and would be beneficial to be included.
2.b.iii. Referring to the defence, explain whether anyone could successfully sue the
newspaper for damages because the feature includes the copy of the photo from the water
authority website - CORRECT ANSWER✔✔- The newspaper COULD be sued in regards to
the copy of the photo from the water authority's website since the fair dealings defence
specifically excludes photographs and still images. This is because otherwise no news
photographer would be able to make a living selling their pictures. The newspaper should
contact the water authority and the person who took the photograph to receive consent before
including the pictures in the feature.
3. (Press release of a court case of an abusive man, details in the report were incorrect) If the
man sues the news website for defamation because of the report, will he win the case? Name
the defence which can protect publication of detail from a press release and set out the
requirements of that defence and state whether each requirement was met - CORRECT
ANSWER✔✔- If the man sues the news website for defamation, he will win the case as the
information published is incorrect and can cause 'serious harm' to his reputation. The
journalist/editor should publish a prompt apology or correction to remove the heat from the
threat and to remove the harm to his reputation, making them less likely to be liable to pay
damages for malicious falsehood.
The defence which can protect publication of detail is the statutory qualified privilege
defence, included in the 1966 defamation act. The requirements of the qualified privilege
defence are that the published report must be fair and accurate, and published without malice,
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