The International Forum for Responsible Media Blog

Tag: Malicious Falsehood

Case Law, Australia: Mahon v Mach 1 Financial Services. Fijian Property Developer’s Case Struck Out – Justin Castelan

mahonIt is well known that a plaintiff has very little chance of getting an injunction to restrain the publication of defamatory matter.  Courts will usually say that damages are an adequate remedy. It is also well known that the Defamation Act provides that, for the most part, a company cannot sue for defamation in Australia.  So what does a company do? Injurious falsehood is the go. A company can sue if there is a false malicious publication and it causes actual financial loss to that company. Very difficult, especially proving malice and especially financial loss, but unlike defamation, the chance for an injunction is greatly increased. Continue reading

Case Law: Tesla Motors v BBC, Top Gear up before Top Judges – Rosalind English

Top GearIn the case of Tesla Motors v BBC ([2013] EWCA Civ 152) the Court of Appeal refused an appeal against the strike out of a libel claim against the BBC in relation to a review of an electric sports car by the “Top Gear” programme. The judge below had been correct in concluding that there was no sufficient prospect of the manufacturer recovering a substantial sum of damages such as to justify continuing the case to trial. Continue reading

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