Media Law (Bacj 131) Question Paper
Media Law (Bacj 131)
Course:Communication And Journalism
Institution: Kenya Methodist University question papers
Exam Year:2011
FACULTY : EDUCATION
DEPARTMENT : COMMUNICATION & JOURNALISM
TIME : 2 HOURS
INSTRUCTIONS Answer Question ONE and any Other TWO Questions
Question 1
Read the story “Kenya Airways sued for libel” attached and answer the following questions.
a) Why is this story about “libel” and not “slander” (2marks)
b) Normally we use the term libel when the reputation of a person is injured. What is the proper term to use when it is the reputation of a business? (1mark)
c) One of the elements of libel is ill-will or actual malice. Assuming the version of the story given by Jetlink Express is true, is ill-will or actual malice present in this case? Give reasons for your answer. (3marks)
d) KQ’s country manager for Southern Sudan, Emmanuel Chepkong’a uses the words “am told”. From the point of view of the alleged libel, do those words make a difference to the case? (3marks)
e) Discuss the significance of the use of the term “alleged” or “allegedly” in news stories. (3marks) f) What is “fair comment”? Does it apply in this case? Give reasons for your answer? (3marks) g) What is “justification” in defamation? (3marks)
h) Are the contents of the Kenya Airways internal memo of January 4th as revealed by Jetlink Express defamatory? Give reasons for your answer (3marks)
i) What are general damages, punitive damages and aggravated damages. (3marks)
j) What is an injunction? Jetlink Express is asking for a permanent injunction in this case. Give reasons why courts do not normally give permanent injunctions in defamation cases? (3marks)
k) List and discuss briefly three things that Jetlink Express would have to prove to win this case. (3marks)
l) The hearing for this case has not taken place. Discuss one good reason why Jetlink Express would have been interested in getting the story published by the Nation, and one good reason why Kenya Airways would not have wanted the story to be published. (3marks)
m) If you were the judge hearing this case, what laws of Kenya would you rely on to determine the case? Discuss briefly the laws (3marks)
n) Is the comment by Mukad defamatory? Give reasons for your answer? (3marks)
o) Is Realnubia right to say that “you cant sue a company for what it discusses internally”. Give reasons for your answer. (3marks)
Question 2
Define innuendo, then discuss false and true innuendos giving examples. (19marks)
Question 3
Discuss three libel defences (19marks)
Question 4
What is criminal libel? Should it be abolished? Give reasons for your answer. (19marks)
Question 5
Discuss three ways in which a publication, which has published defamatory material, can reduce chances of getting a harsh judgement. (19marks)
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