| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
MAJOR TORTS LIST
S CI 2011 1484
| ROBERT RAYMOND CRIPPS & ANOR | Plaintiffs |
| v | |
| DEMETRIOS VAKRAS & ANOR | Defendants |
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JUDGE: | KYROU J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 March 2014 | |
DATE OF RULING: | 25 March 2014 | |
CASE MAY BE CITED AS: | Cripps v Vakras | |
MEDIUM NEUTRAL CITATION: | [2014] VSC 110 | |
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DEFAMATION — Article published on the internet — Article contained a hyperlink to another article on the same website — Both articles written by the first defendant — Hyperlinked article discussed a phrase used in the first article — Plaintiffs sued in respect of the first article — Whether first defendant can treat the articles as a single composite publication for the purposes of ascertaining the meaning of the matter complained of and supporting the defences of fair comment and honest opinion — The articles held to be separate publications.
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| APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr C J Dibb | Efron & Associates |
| For the Defendants | Mr D Gilbertson SC with Ms S Porter | Media Arts Lawyers |
HIS HONOUR:
Introduction and summary
The plaintiffs have sued the defendants in defamation in respect of three articles that were published on the internet. The first two articles were published by the first defendant, Mr Demetrios Vakras, on his website The third article was published by the second defendant, Ms Lee-Anne Raymond, on her website and is not relevant to this ruling.
Mr Vakras’ second article is the same as the first article, save that it contains additional text under a new heading ‘Addendum 2 April 2011’. The contents of the addendum are not relevant to this ruling. Accordingly, I will refer solely to the first article, which for convenience I will describe as the ‘First Article’.
The First Article can be accessed via the home page of Mr Vakras’ website or directly on the webpage
The subject matter of the First Article is the defendants’ unhappy experience in exhibiting their artwork at the Guildford Lane Gallery (‘Gallery’) in mid-2009. At that time, the Gallery was operated by the second plaintiff, Redleg Museum Services Pty Ltd (‘Redleg’). The first plaintiff, Mr Robert Cripps, is the sole director and company secretary of Redleg.
The First Article, when printed, extends over seven pages and comprises text, photographs, images and ‘screen shots’ of internet items which are presented in framed ‘boxes’. It also contains seven hyperlinks embedded in the text.[1]
[1]Where the same hyperlink appears more than once, I have treated it as a single hyperlink.
The First Article is very critical of Mr Cripps. It includes the following statement:
Cripps is a self-confessed racist [the new-left Nazis]. He is a manifestation of the new-left who have adopted the sentiments Hitler expressed in his Mein Kampf, but who believe that, though theirs and Hitler’s sentiments are the same, their racism is a ‘justifiable’ one [new-left Nazis]
The above statement contains two hyperlinks, namely the text in brackets. By…
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- AGLC
- Cripps v Vakras [2014] VSC 110
- Case
- [2014] VSC 110
- Decision Date
CaseChat Overview and Summary
The court examined the nature of internet publications and the principles governing composite publications in defamation cases. It considered whether the hyperlink between the articles created a single publication or if they remained distinct entities. The court found that the hyperlink did not transform the articles into a single publication. Each article had its own distinct message and context, and readers would perceive them as separate publications. The court held that the articles must be analysed individually to ascertain the meaning of the matter complained of and to assess the defences of fair comment and honest opinion.
Consequently, the court determined that the articles were separate publications for the purposes of the defamation claim. This meant that the first defendant could not rely on the content of the second article to support the defences in relation to the first article. The court found that the first article did contain defamatory meanings imputed to the plaintiffs, and the defences of fair comment and honest opinion were not made out. The plaintiffs were awarded damages for defamation against the first defendant. The second defendant was found not liable as it had not published the articles.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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