Alan Jones v John Fairfax Publications Pty Ltd and Anor [2002] NSWSC 1211 (18 December 2002)
Sydney, Australia
1300 00 2088
Category Archives: Defamation
Wallace v Alan Jones and Anor [2001] NSWSC 1085
Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25
ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html
The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.
Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.
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Ettingshausen v Australian Consolidated Press Limited [1991] 23 NSWLR 443
ON 17 NOVEMBER 1991, the NSW Supreme Court delivered Ettingshausen v Australian Consolidated Press Limited [1991] 23 NSWLR 443.
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Hustler Magazine v Falwell 485 US 46 (1988)
ON 23 FEBRUARY 1988, the US Supreme Court delivered Hustler Magazine v Falwell 485 US 46 (1988).
https://supreme.justia.com/us/485/46/case.html
Per Rehnquist CJ at 485:
‘We conclude that public figures and public officials may not recover for the tort of intentional infliction of emotional distress by reason of publications such as the one here at issue without showing, in addition, that the publication contains a false statement of fact which was made with “actual malice,” i.e., with knowledge that the statement was false or with reckless disregard as to whether or not it was true.’
Sydney, Australia
1300 00 2088
Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40
Uren v John Fairfax & Sons Pty Ltd [1966] HCA 40; (1966) 117 CLR 118 (2 June 1966).
http://www.austlii.edu.au/au/cases/cth/HCA/1966/40.html
Sydney, Australia
1300 00 2088
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