Doan and Ors v Network Ten Pty Limited [1999] NSWSC 141

Doan and Ors v Network Ten Pty Limited [1999] NSWSC 141

The broadcast was not capable of conveying the pleaded imputations concerning the second and third plaintiffs because the words stated that one of three accused men had walked free, implying that the other two remained in custody, while the images showed the second and third plaintiffs outdoors and at large. A viewer identifying them as the other two men charged would contradict the broadcast words. The pixillation of only the first plaintiff's face also indicated that he, not the unobscured men, was the person identified as charged with murder.

Jurisdiction
Australia
Judgment Date
05 March 1999
Procedural Posture
Defamation / Objections to Pleaded Imputations; Strike Out Application
Outcome
Imputations pleaded by the second and third plaintiffs struck out.
Legal Topics
['capacity of Publication to Convey Imputations' 'television Broadcast' 'identification' 'strike Out of Imputations']
['defamation'] ['capacity of Publication to Convey Imputations' 'television Broadcast' 'identification' 'strike Out of Imputations']

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Procedural Posture

Defamation / Objections to Pleaded Imputations; Strike Out Application

Legal Issues

  1. 1 ['Whether the television broadcast was capable of conveying that the second and third plaintiffs had been charged with murder.' 'Whether the television broadcast was capable of conveying that the second and third plaintiffs were reasonably suspected by police of being guilty of murder.']

Ratio Decidendi

The broadcast was not capable of conveying the pleaded imputations concerning the second and third plaintiffs because the words stated that one of three accused men had walked free, implying that the other two remained in custody, while the images showed the second and third plaintiffs outdoors and at large. A viewer identifying them as the other two men charged would contradict the broadcast words. The pixillation of only the first plaintiff's face also indicated that he, not the unobscured men, was the person identified as charged with murder.

Court Disposition

Imputations pleaded by the second and third plaintiffs struck out.

Orders

  • ['The imputations pleaded by the second and third plaintiffs are struck out.']