DPC 1209 STUDY GUIDE

1. Article 146 of the Constitution Guarantees the freedom of expression with limitations (in the
proviso)i.e. national security, defence, health, broadcasting
2. Article 146 mirrors Article 19 of the UN Universal Declaration of Human Rights
3. Freedom of expression involves the right to Freely hold opinions and express those opinions
to others
4. A Journalist is required to pay any attention to fairness or accuracy inter alia
5. A true innuendo is a statement which depends upon extrinsic facts for its meaning but is
innocent in itself.
6. Libel is a defamatory statement in: writing
7. To prove slander one must show He suffered loss
8. Slander is actionable per se in four instances: Imputation of adultery; Imputation of
communicable disease; Imputation affecting someone’s calling, profession, business
credibility; Imputation of a crime
9. Requirements of fair comment are:
a. The statement must be in the public interest
b. The statement must be an opinion based on facts
c. The statement must be a genuinely held opinion
d. The statement must not be motivated by malice
10. The popular defenses to an action for defamation are:
a. Justification - truth
b. The statement was fair comment
c. Privilege (qualified or absolute)
d. Communication between parties sharing a common interest e.g. among govt officials
e. Communications between an Official and his secretary
f. Innocent dissemination
g. Consent
11. The defense of Qualified Privilege can be pleaded where Statements were made in the
performance of a legal, moral or social duty
12. Statements made in Parliament and Judicial proceedings, communications between a
Lawyer and Client, confessions to a Priest; communication between officers of state in the
course of duty are protected by Absolute Privilege
13. Defamation is divided into libel and slander under
14. Slander is the publication of a defamatory statement in a transient form while Libel is a
defamatory statement in permanent form.
15. Hasty expression spoken in anger or vulgar abuses are not actionable as a tort of defamation.
16. An Action for defamation can be brought by an individual or a company
17. The tort of defamation inn particular libel can occur through Sculptures, paintings, cartoons,
film, recorded broadcasts, writing, song
18. There are four fundamental occasions of qualified privilege, they are
a. Statements made in the performance of a social, moral or legal duty
b. Statements made to the proper authority in order to obtain redress
c. Statements made in self defence
d. Statements made between parties having a common interest
19. Select one instance in which a matter commented on can be regarded as one of public
Interest.
a. A person’s HIV status.
b. The domestic affairs of a man and his wife.
c. The promiscuous nature of an obscure citizen
d. The affairs of government
20. The following are regarded as matters of public interest
a. Administration of Justice
b. Theatrical performances
c. Literary works
d. Management and affairs of public institutions such as hospitals, schools, prisons
e. Administration of the university
f. Conduct of private businesses which affect the community
g. Matters pertaining to the church
h. Conduct of those holding public office (or seeking to hold)