emTMA 2026 Defamation Act 2013 Serious Harm emTMA Introduction Please note that TMA 04 is also referred to as the end-of-module TMA (emTMA).
The cut-off date for emTMA is 12:00 midday (UK local time) on 10 September 2026. This is the latest date by which your emTMA must reach your tutor. You must submit your emTMA. You should submit it using the online TMA system. This emTMA is designed to test your knowledge of Units 16 and 17 of the module materials (Question 1) and includes a personal reflection (Question 2).
The emTMA is worth 40% of your overall assessment score for the module. For more information on module assessment, see Section 3.2 of the Module Guide.
The emTMA consists of two questions. You are expected to answer both questions in this mTMA. Your answers should be written in your own words.
The total word limit for the emTMA is 2000 words. All the words you use to answer the questions, including quotations and citations, are included in your word count (but footnotes and your reference list are excluded). You must include an accurate word count at the end of your answer.
We suggest that you answer the questions using approximately the number of words shown in the table below.
Table 1 Recommended word count for each question: Question 1 1800 words
Question 2 200 words
Any words used that exceed the overall word count for the emTMA (i.e. those over 2000 words) will not be marked or commented on. You must provide a reference list and an accurate total word count at the end of your assignment (after Question 2). The reference list for Question 1 is not included in the word count.
The Guidance section contains information on how to approach this assessment. You should read these notes carefully before beginning work on this emTMA.
This emTMA falls into category 2 meaning you may use Generative AI to assist, but you are not required to do so. Please ensure that you have read this guidance before you begin your emTMA and that you comply with it. The guidance explains how Generative AI can be used, but explains that it should not be used to write your answer for you, it is there to support your learning. If you use Generative AI, you must submit an appendix summarising how you used it. The appendix will not count towards the word count of this assessment.
Learning outcomes This emTMA tests the following learning outcomes:
Knowledge and understanding: the law of defamation Skills: develop and structure arguments in response to an essay question communicate ideas clearly and concisely in writing acknowledge sources of information in the appropriate format reflect on your own learning and development. Questions The following pages set out the questions for this assignment.
You must ensure that you have read the learning outcomes (in the section above) and the advice given in the ‘Guidance’ sections (below) for these questions before starting work on your assignment.
Question 1 Assess whether the changes to the level of harm required to be shown to succeed in a claim for defamation introduced by the Defamation Act 2013 struck a fair balance between the rights of those alleging mistreatment and those alleged to have been the wrongdoer. (90 marks)
This is an essay question. You must address all the issues raised. General advice and question-specific advice is provided in the ‘Guidance’ sections below. Please ensure that you read all the guidance before attempting the emTMA.
Question 2 Using Gibbs’ reflective cycle, summarise what you have learnt about academic essay writing throughout the module from your own experiences and the feedback you have been given from your tutor. (10 marks)
Guidance The following pages set out the advice on how to approach this emTMA. Ensure you read both the general advice and the question advice.
Section 6.2 of the Law Undergraduate Guide contains definitions of words used in assessment questions, including the word ‘assess’. Section 8 of the guide also gives advice on referencing and the reference list that you must produce and include at the end of your work. You should read the guide before attempting the emTMA. Note that Section 7.3 of the guide tells you how your assessments need to be presented and Section 12 of the guide details the marking scale, against which your work will be assessed.
For this assignment:
Answer each question separately, numbering them clearly. Read the questions carefully. Answer all three questions. In order to avoid plagiarism, ensure that you answer each question concisely and clearly in your own words and also acknowledge the sources of information used in your answers, using the Law School’s preferred referencing styles of OSCOLA and Harvard. Write in standard English prose using full sentences and paragraphs. Answers should not include any sort of list. When answering Question 1, write in the formal third person point of view used by lawyers using phrases such as ‘A person is …’ or ‘This essay will …’; ‘It has been argued that…’ ‘The caselaw establishes that…’ This means you should not use the first or second person point of view (e.g. ‘I’, ‘we’, ‘my’, ‘our’, ‘you’ or ‘your’). When answering Question 2, write in the first person as it is a personal reflection. You may use phrases such as ‘I found that …’ or ‘My tutor advised …’. Check and edit your emTMA carefully before submission, ensuring that you correct any spelling or grammar mistakes. Ensure you reference all materials relied upon in this TMA, including the use of any GAI. Referencing allows you to acknowledge the work of other authors and your use of sources, it allows anyone reading your work to easily find all the materials that you used as sources of information, and it protects you from accusations of plagiarism. For advice on referencing, see Section 8 of the Law Undergraduate Guide. In summary, you need to fully reference general academic or ‘secondary’ legal sources such as books and articles used in your work using the Cite Them Right Harvard in-text referencing style. You should also fully reference ‘primary’ legal sources such as case law and legislation using the Cite Them Right version of OSCOLA footnote referencing style. You also need to provide a reference list of all sources used in the TMA at the end of your submission. The footnotes and reference list do not form part of the word count.
Question 1 This is an essay question, and you should refer to the advice on answering essay questions provided in Section 6.1.3 of the Law Undergraduate Guide and Section 9 of Unit 2.
Remember, you should refer to Section 6.2 of the guide for an explanation of the process words used in assessments (such as ‘asses’ or ‘evaluate’). Make sure that your answer is structured correctly with an introduction, main body and conclusion. You can find additional guidance, with further support, in the Law Toolkit (including the ‘Structuring an essay’ section).
You will find the material for this question primarily in Unit 16 and Unit 17 of the module materials and Unit 17 of the module textbook (Horsey & Rackley, 2023). You may also find other units from the module materials and the textbook useful.
Question 2 This is a reflective question using Gibbs’ reflective cycle, which was introduced in Unit 1. It is important that you use the reflective cycle as a template when writing your answer, and that you provide a personal, considered and honest reflection.
You should summarise, using Gibbs’ reflective cycle, what you have learnt about academic essay writing throughout the module, drawing on your own experiences and the feedback from your answers to TMAs and general feedback given by your tutor.
Finally When your marked TMA is returned, you should reflect on your tutor`s comments and make notes on anything you want to do differently for your future modules.
Application of the assessment guidance to this emTMA The categories below provide information on how the knowledge, understanding and skills in this TMA will be evaluated when marking your work, based on the OU marking guidelines contained in Section 12 of the Law undergraduate guide.
Mark
Question 1
Question 2
85–100%
An answer in this band will show an excellent application of the law of defamation. There may be minor errors.
The writing style will be fluent and clear, with an effective introduction, main body and conclusion provided.
The work will be fully and correctly referenced in accordance with the guidance.
The answer will show an excellent ability to reflect on skills. It will follow Gibbs’ reflective cycle.
70–84%
An answer in this band will show a good application of the law of defamation but may have some gaps and/or errors.
The writing style will be fairly clear, with essay style and structure generally observed.
Referencing will be reasonably accurate with perhaps some minor errors.
The answer will show a good ability to reflect on skills. It will follow Gibbs’ reflective cycle.
55–69%
An answer in this band will show a satisfactory application of the law of defamation, but with flaws and gaps.
The writing style may be unclear, and the essay style and structure may not be well applied.
Referencing may be incomplete or lack accuracy.
The answer will show a satisfactory ability to reflect on skills. Use of Gibbs’ reflective cycle may be incomplete.
40–54%
An answer in this band will demonstrate a basic understanding of the law of defamation and may provide a brief and limited explanation of it, with significant gaps and errors.
The answer is likely to make some reference to relevant materials but use of these will be basic and may contain inaccuracies. It may be superficial and very descriptive, lacking critical analysis and evaluation.
The writing style will be basic and not always clear and consistent. There will usually be an attempt at referencing, but this will be flawed and inaccurate. Essay style may not be correctly employed. It may be under the word length.
The answer in this band may demonstrate a general ability to reflect on skills. Use of Gibbs’ reflective cycle will be non-existent.
30–39%
An answer in this band will include some relevant content but this will be vague. There will be errors and misunderstandings of the law.
The writing style may be disjointed and confused, and it may be under the word length.
An answer in this band may demonstrate limited ability to reflect on skills. Use of Gibbs’ reflective cycle will be non-existent.