Jandex Pty Ltd v Australian Broadcasting Corporation

Jandex Pty Ltd (the appellant) brought proceedings against the Australian Broadcasting Corporation (the respondent) in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the respondent's broadcast of a television program which the appellant alleged contained defamatory material.

The primary legal issue before the Court of Appeal was whether the respondent had established the defence of qualified privilege in relation to the broadcast. This involved determining whether the respondent had a duty or an interest to publish the information, and whether the appellant had a corresponding duty or interest to receive it. The Court also considered the scope of qualified privilege in the context of media reporting and the potential for malice to defeat the defence.

The Court of Appeal, in upholding the primary judge's decision, found that the respondent had established qualified privilege. It reasoned that the respondent, as a public broadcaster, had a legitimate interest in informing the public about matters of public concern, including allegations of misconduct by companies. The Court held that the appellant, as a company operating in the public sphere, had a corresponding interest in being informed about such matters. Crucially, the Court found no evidence of malice on the part of the respondent, which is a necessary element to defeat a claim of qualified privilege.

The appeal was dismissed.