NCTJ Court Reporting Practice Exam

What three things must a court report be to qualify for the absolute privilege defence to defamation?

1. Speculative, brief, and anonymous

2. Fair, accurate, and contemporaneous

3. Popular, widely circulated, and factual

4. Detailed, opinion-based, and extensively quoted

The correct answer is: Fair, accurate, and contemporaneous

To qualify for the absolute privilege defence to defamation, a court report must be fair, accurate, and contemporaneous. Fairness ensures that the report does not misrepresent the information or the context in which it was presented, thus protecting the integrity of the judicial process and the individuals involved. Accuracy is crucial because it means the report reflects the true nature of the proceedings without distortions, which is vital for maintaining trust in judicial reporting. Being contemporaneous indicates that the report is made in real-time during the proceedings, which is important for reliability. When all three of these criteria are met, the report can be protected by absolute privilege, meaning that individuals cannot sue for defamation based on the report, regardless of the content. The other options either include elements that do not align with the requirements of legal standards for reporting or are entirely irrelevant to the context of court reporting in relation to defamation.