QQI Level 5 Libel and Defamation 5N3784 Assignment Example Ireland
In this assignment example, we shall focus on and discuss 5N3784 Libel and Defamation QQI Level 5. We shall elaborate on all the major learning outcomes and the main assessment techniques which are used in the assessment evaluation of the learners.
The purpose of the minor award is to make the learners efficient and competent to undertake the laws related to libel and defamation and to apply them in journalism and media.
The QQI component of the course module has 15 credit values in the (NFQ) National Frameworks of Qualifications.
Course Title – Libel and Defamation
Award Type – Minor
Code – 5N3784
Level – 5
Credit Value – 15
Learning Outcomes of the 5N3784 Libel and Defamation QQI Level 5 Course
The learning outcomes shall cover the meaning of defamation and libel in the historical context, the defenses open to media in relation to libel and defamation cases, the parties involved in cases, grounds for taking legal cases, the jurisdiction of the courts, and remedies that are available. It shall also include the difference between qualified and absolute privilege etc.
The defamation can be written or oral where the statement is false and causes unjust harm to the reputation which can either be a crime or tort. Whereas libel is the written form of defamation and slander is the oral defamation form.
These are the following learning outcomes of the 5N3784 Libel and Defamation QQI Level 5 assignment activity:-
Analyzing Defences Open to the Media in Relation to Libel and Defamation
The biggest form of challenge that is faced by journalists and social media houses is defamation lawsuits and privacy law. The law of defamation in Ireland is governed by the Defamation Act, 2009.
The media must avoid making any defamatory statement which can become a libel eventually. It could affect the brand name and business of the company which can even destroy its market. Such matters are usually settled in the courts.
Defenses that are open to media and journalists in relation to libel and defamation may include the following –
- Truth/justification of statement is a strong enough defense for the defendant (journalist) but it is very difficult to prove the case in their favor as the burden of proof is on the defendant and not on the claimant.
- Privilege is the second defense that can be used by journalists to report anything that is being said even if the claim made is defamatory.
- Honesty in opinion is used when it is believed that the statement made is in the public interest and of great importance which can protect the writers.
Similarly, the media and journalists need to be responsible while they are reporting facts. They need to confirm the statement again from the person making a statement. They have the freedom of speech and expression for reporting and publications and have knowledge about human rights law apart from defamation.
They need to maintain the reputation of a person by also exercising their freedom of expression. Learners need to analyze defenses that are open for the media in relation to libel and defamation and an assignment brief be made for an evaluation.
Identification of the Parties Involved and Grounds for a Legal Case in Defamation and Available Remedies
For a defamation case, there must be three ingredients or grounds that are needed. First, it must be published, referred to the complainant, and must be a false claim.
The learners shall be able to identify the parties involved in the case of defamation and libel where the claimant is the plaintiff and the party accused of defamation is the defendant.
The grounds which can be used for filing a legal case of defamation and libel must be a published defamatory statement or party who is aware of any such report which is to be published shall apply for an injunction to prevent the publication. In case of public interest, the applicant can seem for remedy in damages and not be granted an injunction.
If there is an identification and evidence of recognition of complainant through an image and description it can be a ground for defamation. It is different from the other civil torts as the statement is considered defamatory until proved. The normal remedy for defamation damages and if not considered adequately then an injunction may be granted.
An interim or interlocutory injunction may also be granted in case of a pending trial of a matter. A project report must be prepared by the learners on learning the various elements involved in the civil defamation case.
Identifying What is Privilege and Differences Between the Absolute and Qualified Privilege
Learners shall be able to identify in a case what is privilege which can either absolute or qualified privilege. It is a special legal right that provides immunity to persons or individuals. A qualified privilege is immunity against any penalty given for a lawsuit for defamation.
This is usually used in the cases where the person making such communication of statement who has an interest or duty to make such statement. Such a person must have good faith and make a non-malice statement.
(1) Immunity of the media members or press from any defamation charges for the statements made with bonafide intention.
(2) Fair criticism in a review.
While an absolute privilege only applies to the specific members of the law-making authorities or bodies where the statements are made on the floor. Such a person can not be sued for defamation or criminal prosecution and can freely express their issues related to the public concern and this is the constitutional right.
Any political speech in the parliament as a member of it.
The learners should be able to identify the differences between an absolute and qualified privilege which will be asked in a theory-based examination.
Demonstrating Presumption of Falsity, Proof of Defamatory Effect and Effect of Innuendo
The learners shall be able to demonstrate the presumption of falsity in defamation which means that the statement is true and the injured party cannot bring an action for defamation.
It is said that there is a presumption of falsity where the statement made us false. It requires the involvement of the third party otherwise there shall be no claim of damage to reputation.
The words spoken must have an effect of defamation and any such publication of statement must be done to at least one person and be intentional and be published to the third party.
An Innuendo effect is used for describing the tendency of persons to draw negative inferences from the positive descriptions that omit the dimension of perception and competence.
Learners need to have a detailed study on this and the effects of defamation and need to add these details into the project work.
Assessment Techniques for the 5N3748 Libel and Defamation QQI Level 5 Course
To display the skills, competence, efficiency, and knowledge of the learners and analyze that whether they have achieved their learning outcomes.
The learning assessments need to be undertaken by the learners.
All learning outcomes must be assessed and achieved with the help of the minimum intended module learning outcomes set out in the validated program.
The assessor devises the various assessment instruments which need to be inconsistent with QQI’s assessment requirements.
Assignment – 20%
Project – 50%
Examination Theory -30%
- Assignment is meant for a shorter period of time, unlike the Project which is being carried out for a specific period of time. It is made in response to a brief with specific guidelines.
- Project is carried out for a certain extended period of time which is already fixed in prior. It involves a process of extensive research on topics, issues, or problems. It can involve a process of task design and practical execution of tasks or performance.
- Examination Theory shows the ability of a learner to recall his knowledge and skills within a set period of time and application of specific theory and knowledge.
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