Vilo v John Fairfax & Sons Ltd & Anor [2000] NSWSC 937

Vilo v John Fairfax & Sons Ltd & Anor [2000] NSWSC 937

The defences of qualified privilege at common law and under s 22 of the Defamation Act 1974 failed because, given the status of the publications as mass media with wide circulation and the gravity of the imputations, the publishers did not establish that they had a duty to publish nor that their conduct in publishing was reasonable in the circumstances, particularly as not all reasonable inquiries into the accuracy of the allegations were made about the plaintiff and his conduct.

Jurisdiction
Australia
Judgment Date
06 October 2000
Procedural Posture
Defamation / Post Jury Verdict; Judgment on Defences of Qualified Privilege
Outcome
Defence of qualified privilege rejected.
Legal Topics
['qualified Privilege' 'defamation—media Publications' 'reasonableness of Publication' 'assessment of Media Defences']
['defamation'] ['qualified Privilege' 'defamation—media Publications' 'reasonableness of Publication' 'assessment of Media Defences']

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Procedural Posture

Defamation / Post Jury Verdict; Judgment on Defences of Qualified Privilege

Legal Issues

  1. 1 ['Whether the defence of qualified privilege (common law and statutory) applies to the publications in question' "Whether the defendants' conduct in publishing the defamatory imputations was reasonable under s 22 of the Defamation Act 1974"]

Ratio Decidendi

The defences of qualified privilege at common law and under s 22 of the Defamation Act 1974 failed because, given the status of the publications as mass media with wide circulation and the gravity of the imputations, the publishers did not establish that they had a duty to publish nor that their conduct in publishing was reasonable in the circumstances, particularly as not all reasonable inquiries into the accuracy of the allegations were made about the plaintiff and his conduct.

Court Disposition

Defence of qualified privilege rejected.

Orders

  • []