Lange v Australian Broadcasting Corporation

In *Lange v Australian Broadcasting Corporation*, the High Court of Australia considered a defamation action brought by Mr. Lange against the Australian Broadcasting Corporation (ABC). The dispute arose from a television broadcast by the ABC which Mr. Lange alleged defamed him.

The central legal issue before the High Court was whether the implied freedom of political communication in the Australian Constitution afforded a defence to the ABC in this defamation proceeding. Specifically, the Court had to determine the scope and nature of this implied freedom and how it operated in the context of defamation law, particularly concerning statements made about politicians.

The High Court held that the implied freedom of political communication is not absolute and can be limited by laws that are reasonably appropriate and adapted to serve a legitimate purpose in a constitutional democracy. In this instance, the Court found that the common law of defamation, as it stood, did not adequately accommodate the implied freedom. The Court reformulated the common law defence of qualified privilege to ensure it was consistent with the constitutional implication, establishing that a defendant would not be liable for defamatory statements made about a politician if the defendant had reasonable grounds to believe the imputation was true, even if that belief was mistaken, provided the publication was for the purpose of conveying information or opinion on matters of political, economic or social interest. The Court clarified that the focus should be on the reasonableness of the defendant's belief in the truth of the imputation, rather than the reasonableness of the publication itself.