Bass v McDonald & TCN Channel Nine Pty Ltd (No.6) [2001] NSWSC 988

Bass v McDonald & TCN Channel Nine Pty Ltd (No.6) [2001] NSWSC 988

A television program that contains a defamatory statement about the plaintiff does not cease to convey the defamatory imputation simply because the program also presents opposing viewpoints or denials. For the imputation to be neutralised, the program as a whole must make it apparent that the disparaging statement is wrong; otherwise, the defamatory imputation continues to be conveyed regardless of whether the viewer believes its truth.

Jurisdiction
Australia
Judgment Date
21 November 2001
Procedural Posture
Defamation / Directions to the Jury Reasons on Legal Questions
Outcome
Reasons provided for directions to the jury; application for a redirection/refusal of defendant's submission
Legal Topics
['bane and Antidote Principle' 'imputations in Defamation' 'role of Belief in Defamation' 'meaning Conveyed by Publication as a Whole']
['defamation' 'media Law'] ['bane and Antidote Principle' 'imputations in Defamation' 'role of Belief in Defamation' 'meaning Conveyed by Publication as a Whole']

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Procedural Posture

Defamation / Directions to the Jury Reasons on Legal Questions

Legal Issues

  1. 1 ['Whether alleged imputations were conveyed by the matter complained of' 'Relevance of ameliorating (antidote) content when disparaging (bane) material is published' 'Whether it is necessary for a reasonable viewer to believe defamatory imputations for them to be conveyed' 'Legal test for determining meaning conveyed by a publication as a whole']

Ratio Decidendi

A television program that contains a defamatory statement about the plaintiff does not cease to convey the defamatory imputation simply because the program also presents opposing viewpoints or denials. For the imputation to be neutralised, the program as a whole must make it apparent that the disparaging statement is wrong; otherwise, the defamatory imputation continues to be conveyed regardless of whether the viewer believes its truth.

Court Disposition

Reasons provided for directions to the jury; application for a redirection/refusal of defendant's submission

Orders

  • []