The International Forum for Responsible Media Blog

Tag: Gazette of Law and Journalism (Page 1 of 6)

Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No. 2), A$300,000 in “holistic” damages – Stephen Murray

A$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed  Continue reading

Case Law, Australia: Bolton v Stoltenberg, Facebook libel award of $100,000, An excess of unreasonableness – Stephen Murray

Facebook attack on Mayor of Narrabri … $100,000 damages … Whether posts had been published … Extent of readership … Defences of common law and statutory qualified privilege rejected … No malice, just “stupidity, bias and carelessness” … Injunction … “Liking” is not the same as publishing a post … Stephen Murray reports. Continue reading

Australia: the public interest backwater – David Rolph

The UK, Canada, and New Zealand have developed a broader qualified privilege public interest defence … Australia lags in this development, although there are special local impediments … Durie v Gardiner in NZ holds there is nothing special about government or political speech that should not be applied to the protection of all speech … Waiting for the proper case in Australia … Professor David Rolph comments. Continue reading

Reputation beyond Defamation – David Rolph

The common law has long protected reputation very highly. The principal means by which it has done this is the tort of defamation. Justice Hallett in Foaminol Laboratories Ltd v British Artid Plastics Ltd ([1941] 2 All ER 393) famously remarked that “a claim for mere loss of reputation is the proper subject of an action for defamation and cannot ordinarily be sustained by means of any other form of action”. Continue reading

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