O’Brien v Australian Broadcasting Corporation [2016] NSWSC 1289

O’Brien v Australian Broadcasting Corporation [2016] NSWSC 1289

The matter complained of is defensible as fair comment on a matter of public interest and honest opinion under s 31 of the Defamation Act. The defamatory meanings found were expressions of opinion based on facts truly stated, related to matters of public interest, and were objectively fair. The defence of qualified privilege at common law was not sustained. Imputation (b) concerning irresponsible journalism was substantially true; imputation (a) concerning trickery was not substantially true but, given the substantial truth of contextual imputations, did not further harm the plaintiff's reputation. Accordingly, judgment is for the defendant.

Jurisdiction
Australia
Judgment Date
15 September 2016
Procedural Posture
Defamation / Final Judgment
Outcome
Judgment for the defendant
Legal Topics
['fair Comment' 'honest Opinion' 'truth' 'contextual Truth' 'qualified Privilege' 'media Law']
['defamation'] ['fair Comment' 'honest Opinion' 'truth' 'contextual Truth' 'qualified Privilege' 'media Law']

Case Brief

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Procedural Posture

Defamation / Final Judgment

Legal Issues

  1. 1 ['Whether the Media Watch programme conveyed defamatory imputations about the plaintiff' 'Whether the alleged defamatory imputations are true, substantially true, or defensible as comment or opinion' 'Whether the defences of fair comment, honest opinion, contextual truth, or qualified privilege succeed']

Ratio Decidendi

The matter complained of is defensible as fair comment on a matter of public interest and honest opinion under s 31 of the Defamation Act. The defamatory meanings found were expressions of opinion based on facts truly stated, related to matters of public interest, and were objectively fair. The defence of qualified privilege at common law was not sustained. Imputation (b) concerning irresponsible journalism was substantially true; imputation (a) concerning trickery was not substantially true but, given the substantial truth of contextual imputations, did not further harm the plaintiff's reputation. Accordingly, judgment is for the defendant.

Court Disposition

Judgment for the defendant

Orders

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