Australian Broadcasting Corporation v Redmore Pty Ltd

The High Court of Australia considered a dispute between the Australian Broadcasting Corporation (ABC) and Redmore Pty Ltd concerning the ABC's broadcast of a program that allegedly defamed Redmore. Redmore claimed damages for defamation arising from statements made in the program.

The central legal issue before the High Court was whether the ABC could rely on the defence of qualified privilege in relation to the defamatory statements broadcast. This involved determining whether the occasion of the broadcast was one which the law recognised as attracting qualified privilege, and if so, whether the privilege had been defeated by malice on the part of the ABC.

The Court analysed the concept of qualified privilege, noting that it arises in circumstances where the law recognises a duty or interest to publish information, and a corresponding duty or interest in the recipient to receive that information. The High Court ultimately found that the occasion of the broadcast was not one that attracted qualified privilege, as the ABC had not established the requisite duty or interest in publishing the defamatory material to the wider public. Consequently, the defence of qualified privilege was not available to the ABC.

The High Court allowed the appeal, setting aside the judgment of the Full Federal Court and remitting the matter to the Federal Court for further hearing on the question of damages.