Macquarie Radio Network Pty Ltd v Arthur Dent [2007] NSWCA 261

Macquarie Radio Network Pty Ltd v Arthur Dent [2007] NSWCA 261

The appeal was dismissed because the radio host's broadcast was not a fair summary of the protected report (Herald article) as the ordinary reasonable listener would not have distinguished between what was derived from the report and what was added, and because—except for two imputations—the defence of comment did not apply; damages awarded to respondent for the defamatory imputation that was not reasonably protected by comment.

Jurisdiction
Australia
Judgment Date
27 September 2007
Procedural Posture
Appeal / Court of Appeal Judgment, Following Jury Trial and Supreme Court Decision; Special Leave to Appeal to High Court Refused
Outcome
Appeal dismissed with costs; special leave to appeal to High Court refused with costs.
Legal Topics
['protected Reports' 'fair Comment' 'media Law' 'damages' 'broadcasting' 'defences to Defamation']
['defamation' 'civil Procedure'] ['protected Reports' 'fair Comment' 'media Law' 'damages' 'broadcasting' 'defences to Defamation']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment, Following Jury Trial and Supreme Court Decision; Special Leave to Appeal to High Court Refused

Legal Issues

  1. 1 ['Whether the radio broadcast was a fair summary of a protected report under s 24(3) of the Defamation Act 1974 (NSW)' 'Whether the ordinary reasonable listener could differentiate between the comments of the radio host and the content of the Herald article' 'Whether defamatory imputations were properly the subject of the defence of comment under s 30 of the Defamation Act 1974 (NSW)']

Ratio Decidendi

The appeal was dismissed because the radio host's broadcast was not a fair summary of the protected report (Herald article) as the ordinary reasonable listener would not have distinguished between what was derived from the report and what was added, and because—except for two imputations—the defence of comment did not apply; damages awarded to respondent for the defamatory imputation that was not reasonably protected by comment.

Court Disposition

Appeal dismissed with costs; special leave to appeal to High Court refused with costs.

Orders

  • ['The appeal is dismissed with costs.']