Category: Qualified Privilege

Another self-represented plaintiff fails at the threshold … Absolute privilege prevails over evidence given to the Fair Work Commission, despite the plaintiff’s “hopeful” invocation of the Universal Declaration of Human Rights ... more

QLD Court of Appeal rules that a malicious email sent to shareholders was not protected by either form of qualified privilege when it was re-published to “unknown persons at ASIC” ... more

Self-represented homeless man loses defamation action against Baptist charity and one of its former employees … NSW District Court Judge Judith Gibson upholds both defences of qualified privilege in relation to words said to a policewoman ... more

UK High Court refuses to order identification of a blog author… Legal professional privilege upheld for all parties … This report from Media Lawyer’s Mike Dodd ... more

Solicitor goes through affidavits before alleging defamatory statements were made about him in a legal wrangle over a will …. NSW District Court Judge Judith Gibson summarily dismisses the claim … Rebecca Gall reports ... more

British MPs are set to lose their right to waive privilege for defamation cases … Section inserted over “cash for questions” story is to be repealed “without replacement” ... Media Lawyer reports ... more

WA Chief Justice dismisses defamation action brought by a brother against his sister over statements she made to mental health professionals … Both parties were self-represented ... more

WA Supreme Court upholds qualified privilege defence over statements made by WA police during a home visit … Media lawyer Carmel Galati looks at the implications for an action brought by a Perth barrister acquitted of murder ... more

Long-running defamation action involving allegations of an extra-marital affair ends in defeat for the defendant on the grounds of malice … NSW District Court Judge Colin Charteris finds the conveyer of the rumour, Meryl Dillon, deliberately “misstated what she knew” ... more

An email sent to 20 staff about absences from work is protected by both forms of qualified privilege – common law and section 30 … NSW District Court Judge Judith Gibson finds an absence of malice might well be sufficient for this “tempest in a teacup” ... more

Former union man Tony Papaconstuntinos loses long-running action against businessman Peter Holmes a Court … High Court majority decision confirms that common law qualified privilege protects defamatory statements made without a “pressing need” ... more

Mixed result … High Court finds radio station 2GB was protected by “reply-to-attack” qualified privilege when it defamed Muslim community spokesman Keysar Trad … Truth and contextual truth go back to the NSW Court of Appeal ... more