Attorney General for New South Wales v United Telecasters

The Attorney-General for New South Wales (the appellant) brought proceedings against United Telecasters (the respondent), a television broadcaster, concerning the broadcast of a program that allegedly contained defamatory material. The dispute centred on whether the respondent was liable for the defamatory content of the program. The matter was heard by the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether United Telecasters could rely on the defence of innocent dissemination in relation to the broadcast of the defamatory material. This defence, if established, would absolve the broadcaster of liability for defamation. The Court was required to consider the scope and application of this defence in the context of television broadcasting.

The Court of Appeal held that the defence of innocent dissemination was not available to United Telecasters in this instance. The Court reasoned that the defence typically applies to those who merely distribute material without knowledge of its defamatory nature, such as a newsagent selling a newspaper. However, a television broadcaster, by its very nature, is involved in the selection, preparation, and dissemination of the content it broadcasts. Therefore, the broadcaster is considered to be the publisher of the material and cannot claim to be merely an innocent disseminator. The Court affirmed that the broadcaster has a direct role in bringing the defamatory material to the attention of the public.