News
stories 2002
No 146
December 31, 2002
Robert Hughes said
his prosecution in Broome was a "fit-up". In their second attack on his
defences the plaintiffs fail to knock out Hughes' particulars of comment.
Once again, the issue is raised as to whether knowledge of all the facts
is necessary at the time a defendant makes a comment 31-12-02
Cock
v Hughes
Malice in Wonderland.
The High Court's latest thinking on "malice" in the context of political
defamations. Callinan and Kirby go head-to-head on the issue of the Constitutional
implication of free speech 31-12-02
Roberts
v Bass
Fair comment wins
the day for Media Watch, even though Justice Higgins found its criticisms
of Richard Carleton's 60 Minutes' story on the Srebrenica massacre
to be "elitist ... illogical, unfair and unreasonable ... wrong-headed
and ill-informed". If fair comment had not succeeded, the three plaintiffs
would have been awarded a total of $90,000 in damages
30-12-02
Carleton
v ABC
Section 7A.
Outdoor adventurer gets one up against Penguin and lawyer author 17-12-02
Douglas
v Penguin Books Australia & Gazecki
Original jury decision
in the "Lurnea six" school teachers' case found by the Court of Appeal
to be perverse, in that an imputation of "professional dishonesty" was
clearly defamatory. The second s.7A jury has now found that the imputation
didn't even arise 20-12-02
Mularczyk
and five ors v John Fairfax Publications Pty Ltd
First of all the
decision was perverse, now the second section 7A jury in Pavy's case is
discharged because counsel introduced "irrelevant and confusing issues"
16-12-02
Pavy
v John Fairfax Publications Pty Ltd
Judge Judy in the
NSW District Court finds it is not defamatory to broadcast (falsely) that
a 17 year-old schoolgirl is engaged to be married
17-12-02
Griffiths
v East Coast Radio Pty Ltd
There's heaps of
capacity to be found in matters complained of by bushfire victims, clothing
entrepreneurs and footballers. No plaintiff need come away disappointed18-12-02
Zunter
v John Fairfax Publications, Jamoo v Nationwide News, Markou
v Nationwide News
No 145
December 11, 2002
Justice Kirby thinks
that when it comes to defamatory publications on the internet, "a greater
sense of legal imagination may be required than is ordinarily called for".
Yet in the end all the High Court judges were unwilling to formulate new
principles of defamation law and private international law to accommodate
the special nature of the net. The tort happens where the material is downloaded,
not uploaded 11-12-02
Dow
Jones Co Inc v Gutnick
Defamation
Amendment Bill, NSW, 2002
Defamation Amendment
Bill passed Legislative Assembly today (December 11) after it accepted
Legislative Council amendments which permit companies with fewer than 10
employees to bring proceedings in defamation, and removes the proposed
fair protected report defence for media conferences and press releases
made by government departments, public authorities and officials
Legislative
Council debate and amendments 5-12-02
Government accepts
Independent MP's amendment on costs. Bill passes lower house 19-11-02
Debate
Legislative Assembly
Opposition grumpy
about unseemly haste of the Defamation Amendment Bill, NSW 2002, and unhappy
about the effect on small business if it is denied a remedy in defamation
15-11-02
Debate
Legislative Assembly
Defamation Amendment
Bill, NSW, 14-11-02
Second
Reading Speech
Defamation Amendment
Bill, NSW, with explanatory notes 14-11-02
Draft
legislation
No. 144
November 29, 2002
Supermodel Naomi
Campbell fails in two breach of confidence cases arising from tabloid exposures
of her drug addiction and her sex life. The English Court of Appeal loosens-up
29-11-02
Campbell
v Mirror Group Newspapers
Sleeman v Nationwide
News
It is far worse to
say that Ian Thorpe might retire after the Olympics, than to call a journalist
dishonest. Defence sums up. Day five 22-11-02
Sleeman
v Nationwide News Pty Ltd
Thorpe's manager
declares there was a "loyalty" to The Australian, but "no obligation".
Justice Levine says he can hardly close his eyes to the fact that Fairfax
and News are rivals in the newspaper business. Day four 21-11-02
Richard
Sleeman v Nationwide News Pty Ltd
Ian Thorpe buckles
under Clive Evatt's wily cross-examination. Day three of Sleeman trial
20-11-02
Richard
Sleeman v Nationwide News Pty Ltd
Journalist denies
he "cobbled together" his profile of Ian Thorpe. Feature writing methods
under scrutiny. Day two of trial 19-11-02
Richard
Sleeman v Nationwide News Pty Ltd
Media spat over Good
Weekend interview with Ian Thorpe. Day one of trial
18-11-02
Richard
Sleeman v Nationwide News Pty Ltd
No. 143
November 11, 2002
CONFIDENTIAL INFORMATION
Nicholas Whitlam's
action against his former strategic adviser for allegedly leaking secret
faxes to the Financial Review dismissed 12-11-02
News
report
DAMAGES
$45,000 in general
and exemplary damages for WA crayfish "godfather" allegations 8-11-02
Boschetti
v Carr
INJUNCTIONS
Listening Devices
Act not an impediment to A Current Affair's "undercover investigation"
11-11-02
Pillay
v Nine Network Australia Pty Ltd
Obiter rumblings
about law's disposition against interlocutory injunctions to restrain defamations.
Time for review 11-11-02
Meriton
Apartments v SBS Corporation
INTERLOCUTORY JUDGMENTS
Former NSW Police
Minister, Paul Whelan, fails to get all of The Sun-Herald's contextual
imputations and Polly Peck defence struck out7-11-02
Whelan
v John Fairfax Publications Pty Ltd
Polly Peck interpretation
narrowed in Western Australia 6-11-02
Moodie
v Nationwide News Pty Ltd
The Sydney Morning
Herald pleads mitigation of damages because Pat O'Shane previously
recovered money from 2KY for a broadcast of the same "purport"
8-11-02
O'Shane
v John Fairfax Publications Pty Ltd
Levine J allows plaintiffs
to amend statement of claim seven years after publication of the matter
complained of 12-11-02
Griffith,
Foundation for Humanity's Adulthood & ors v John Fairfax Publications
Pty Ltd, Millikan and McClelland
The Australian
required to produce contract with swimmer Ian Thorpe as malice pleaded
by Good Weekend journalist 6-11-02
Richard
Sleeman v Nationwide News Pty Ltd
No. 142
October 28, 2002
Senior tax officer
defamed by The Sun-Herald in article about upheaval at the ATO's
international division. Section 7A trial 1-11-02
Saint
v John Fairfax Publications Pty Ltd
Plaintiffs in Victorian
defamation case against The Sydney Morning Herald succeed in disqualifying
Jeff Sher QC as defendants' counsel 28/10/02
Sent
and Primelife Corporation v John Fairfax Publications and Ben Hills
Peter (left) and
Simone Mickelberg's defamation case against 6PR and Richard Court revived
after WA Full Court overturns Justice Hasluck 16/10/02
Mickelberg
v 6PR Southern Cross Radio Pty Ltd
Freedom of Information
law is quietly being subverted by political interference. Bureaucrats are
nervous, specially in NSW where the forces of darnkess are darkest 17/10/02
SPECIAL
REPORT
Justice Branson thinks
Holocaust denier's website might be a "pressure" on "vulnerable" Jews to
"renounce" their cultural differences. Yet, there is a "futility" in ordering
the material off the site 15/10/02
Jones
v Toben
Rugby League judiciary
succeeds in three out of five imputations arising from critical remarks
by Roosters' coach, Phil Gould 3/10/02
Section
7A - Hall v Gould
The Packer interests
think that the CEO of a publishing company is analogous to that of an editor
or executive producer. Therefore, they reasoned, Fred Hilmer is editorially
responsible for The Sydney Morning Herald. The attempt by the Packers
to teach Fred a lesson wasn't supported in the ACT Supreme Court 4/10/02
ACP
Publishing Pty Ltd v John Fairfax Publications Pty Ltd
Application for section
7A jury in the NSW District Court rejected by Judge Gibson as not being
in "the interests of justice". Different requirements apply for juries
in defamation cases in the Supreme and District Courts. More muddle ensues
3/10/02
Moselmane
v Jones
Sundail Mail
"pleased" to unreservedly apologise to Industrial Relations Commissioner
Errol Hodder over "electoral fraud" allegation 23/9/02
Hodder
v Queensland Newspapers Pty Ltd
No. 141
September 13, 2002
RACIAL DISCRIMINATION
Tasmanian woman ordered
to stop publishing anti-Semitic leaflets. Breaches of Racial Discrimination
Act 13/9/02
Jones
v Scully
COPYRIGHT
Channel 7's copyright
in Lewandowski interview not breached by other media in reporting proceedings
of WA Royal Commission 10/9/02
STORY
MORE MYSTERIOUS MOMENTS WITH s.7A
Justice Levine points
to "unacceptable flaw" in NSW defamation law and practice as he declines
an application to dispense with a s.7A jury 13/9/02
Business
& Research Management Pty Ltd v Flude
Jury finds that a
doctor "profiteered" from drug trials he arranged, but that such an imputation
is not defamatory 6/9/02
Beran
v John Fairfax Publications Pty Ltd
Simon Konstantinidis
finally gets up eight out of 13 imputations in his on-going struggle with
Theo Skalkos 30/8/02
Konstantinidis
v Foreign Media Pty Ltd
Greek tragedy, as
s.7A jury cannot discover any of the imputations on criminality and betrayal
the plaintiff thought arose from an article in the Greek Herald27/8/02
Konstantinidis
v Foreign Language Publications Pty Ltd
SETTLEMENTS
Hungarian torturer
case finally settled nine years after airing on 60 Minutes 22/8/02
Vajda
v Nine Network
Alan Jones settles
defamation action brought by former Cabramatta policewoman on first day
of s.7A trial 20/8/02
Wallace
v Jones and Radio 2UE Sydney Pty Ltd
CAPACITY
Levine J strikes
out 18 of Charlotte Dawson's 19 imputations against Women's Day.
Despair at the socialite's "extraneous rhetorical flourishes"
21/8/02
Dawson
v ACR Publishing Pty Ltd
PREJUDICE
Mention of "bikie"
in the media enough to prejudice trial of WA Rebels motorcycle club leader,
charged with cultivating and supplying cannabis. Trial judge's directions
to the jury to ignore extraneous material was just not explicit enough
6/8/02
Johnson
v The Queen
No. 140
July 24, 2002
Overhaul of NSW defamation
law gains the support of Premier Carr. Cost penalties and new defences
proposed in legislation for the Spring session 24/7/02
OVERVIEW
EXCLUSIVE
Report of the NSW
Attorney General's Task Force on Defamation Law Reform 24/7/02
EXECUTIVE
SUMMARY
The NSW Court of
Appeal once again finds perverse a s.7A jury's decision in favour of a
defamation defendant. Verdict set aside 25/7/02
Charlwood
Industries Pty Ltd v Brent
Defamation proceedings
stayed. Matter complained of protected under the Freedom of Information
Act 24/7/02
Ainsworth
v Burden
$100,000 damages
for beastly remarks from the RSPCA about electrified dog collars 12/7/02
Orion
Pet Products Pty Ltd v RSPCA (Victoria) Inc
The English courts
will normally protect journalists' sources of information. But not in this
case, in which the House of Lords makes "necessary and proportionate" orders
for the Daily Mirror to fess up - even though the confidential information
was already in the public domain 4/7/02
Ashworth
Security Hospital v MGN Ltd
Rivkin gets his cost
order against Channel Seven, and interest to boot 4/7/02
Rivkin
v Amalgamated Television Services Pty Ltd
No. 139
June 28, 2002
In a attempt to stem
the flow of information from its divided boardroom the NRMA has obtained
an order to examine three journalists as to their confidential sources
28/6/02
NRMA
v John Fairfax Publications Pty Ltd
The Courier-Mail
has no proper system to guard against serious errors, says judge. $12,500
damages for wrong photo on jailed "conman" story 25/6/02
Finn
v Queensland Newspapers
It's not only Jana
Wendt's two sentences that matter. Morgan Tsvangirai must plead all of
the offending edition of Dateline in his action against SBS 25/6/02
Tsvangirai
v The Special Broadcasting Service
Witness' defences
go nowhere. Rivkin awarded $150,000 for "homosexual" imputation 20/6/02
Rivkin
v Amalgamated Television Services Pty Ltd
Alan Jones and his
old wireless station, 2UE, fend off "blackmail" imputation at second s.7A
trial over interview about the Cresent Head native title land claim 13/6/02
Johnson
v Jones and 2 Ors
Judges get bogged
in popular culture. Full Federal Court finds Network Ten's The Panel
breached Channel Nine's copyright. The fair dealing defences fail 10/6/02
TCN
Channel Nine v Network Ten
Journalist Andrew
Bolt opens his mouth too wide and aggravates damages. Large (Victorian)
award of $246,500 for magistrate 7/6/02
Popovic
v Herald & Weekly Times Ltd and Bolt (No.2)
Robert Hughes' defences
struck out for inadequate particulars. The art critic is being sued by
the Western Australian DPP, and the judge thinks it arguable that criticism
of the prosecutorial function falls within the Lange principle 4/6/02
Cock
v Hughes
Paul Barry attacked
for not giving evidence in Witness case and "for making things up"
30/5/02
Report
of day four, Rivkin v Channel 7
Homosexual imputation
"an artificially constructed concept". Stitt's submission for
Witness
program 29/5/02
Report
of day three, Rivkin v Channel 7
Trevor Kennedy says
Rene Rivkin is "a very fine human being" 28/5/02
Report
day two, Rivkin v Channel 7
Judicial officers
are not part of the "governmental" machinery, so there is limited constitutional
protection once they are defamed 29/5/02
Popovic
v Herald and Weekly Times Ltd and Bolt
No 138
May 13, 2002
Steve Price loses
qualified privilege appeal over rant about One Nation candidate 13/05/02
Price
v Hesse
Brisbane jury awards
$60,000 for shock interior design innuendo in House & Garden8/5/02
M.E.
Van Riet and J. Van Riet v ACP Publishing Pty Ltd
When the defendant
succeeds appeal judges tend to find defamation juries are exhibiting too
much perversity 7/5/02
Rivkin
v John Fairfax Pty Ltd
Pavy
v John Fairfax Pty Ltd
Mularczyk
v John Fairfax Pty Ltd
Here's the perverse
exception 7/5/02
Sarma
v The Federal Capital Press
Donetalla Versace
and her brother succeed against fantasist Frank Monte in trade practices
and defamation rout 14/5/02
Versace
v Monte
No. 137
April 15, 2002
More than half the
imputations knocked out in sprawling action by a "prophet" and his followers
against Four Corners 15/4/02
Griffith
v ABC
$180,000 verdict
upheld as qualified privilege appeal rejected 14/4/02
Skalkos
v Assaf
Media access to the
court file in the case against Jodee Rich denied by judge. It is too early
to let journalists report ASIC's statement of claim 12/4/02
ASIC
v Rich
Trespass by Channel
Nine reporter and crew. Overstepping the "implied licence" to enter land
in search of a "good story". Appeal decision 10/4/02
TCN
Channel Nine Pty Ltd v Anning
Supermodel Naomi
Campbell was awarded £3,500 for breach of confidence by The Mirror
(see
right-hand column). Earlier in March an award was upheld for an account
of profits arising from leaks about Campbell's sex life. Her personal assistant
had been singing to the News of the World 3/4/02
Campbell
v Frisbee
No 136
March 28, 2002
Morgan Tsvangirai
sues SBS over Dateline claim of plot to assassinate Mugabe
28/3/02
News
Latest section 7A jury findings 28/3/02
NSW Court of Appeal
affirms that juries need to consider context when pondering imputations.
The High Court will be asked to chew on this one 26/3/02
Greek
Herald v Nikolopoulos
Defendant in protracted
Ainsworth battle unable to plead truth and contextual truth. The cross-claim
was also tossed out 25/3/02
Ainsworth
v Burden
The Australian
fails to identify the substance of it's comment about BHP Billiton boss
25/3/02
Anderson
v Nationwide News Pty Ltd
Damages of $130,000
as conservationists are defeated by "post-Lange" malice in latest Hindmarsh
case. It was the Chapmans' twelfth defamation trial arising from the bridge
development 22/3/02
Chapman
& ors v Conservation Council of South Australia & ors
Supression orders
protecting identity of defendants in sexual assault case are revoked. The
public interest outweighs any hardship 13/3/02
X
v State of South Australia
Victor Kiam's case
provided the setting for the English Court of Appeal to wrestle with "manifestly
excessive" defamation damages and comparable verdicts in personal injury
cases. A minority appeal judge thought the jury verdict of £105,000
for the American businessman was "indecent" 12/3/02
Kiam
v MGN Ltd
No. 135
February 19, 2002
New trial of one
imputation pleaded against Alan Jones (right) and 2UE ordered by NSW Court
of Appeal. Jury's finding perverse and appeal judges are unable to substitute
a verdict 19/2/02
Buck
and ors v Jones and ors
New table of section 7A defamation trials 19/2/02
British newspapers
lose privilege to protect source of "nefarious" leak of market sensitive
information 11/2/02
Interbrew
SA v Financial Times Ltd
High Court gives
special leave to the "overstated and self-indulgent" argument of Geoffrey
Robertson QC in Dow Jones internet defamation case 17/1/02
Dow
Jones & Co Inc v Gutnick
WA judge awards $70,000
damages for Channel 9 news report which claimed the plaintiff had murdered
his wife 17/1/02
Todd
v Swan TV
High Court limits
the scope of injurious falsehood claim which arose from hoax letter and
loss of business contract 18/2/02
Palmer
Bruyn and Parker Pty Ltd v Keith Parsons