Radio 2UE Pty Ltd v Parker

The New South Wales Court of Appeal considered an appeal by Radio 2UE Pty Ltd against a judgment of the Supreme Court of New South Wales. The dispute concerned the publication of certain statements by Radio 2UE, which the respondent, Mr. Parker, alleged were defamatory.

The primary legal issue before the Court of Appeal was whether the defence of qualified privilege was available to Radio 2UE in respect of the statements published. This involved determining whether the occasion of publication was privileged and, if so, whether that privilege had been defeated by malice on the part of the broadcaster.

The Court analysed the circumstances surrounding the broadcast, considering the relationship between the broadcaster and its audience, and the public interest in the subject matter. It applied established principles of defamation law regarding qualified privilege, including the requirement that the statements be made without malice. The Court examined the evidence presented to ascertain if there was any indication that Radio 2UE had acted with improper motive or knowledge of falsity when making the statements.

The Court of Appeal ultimately upheld the appeal, finding that the defence of qualified privilege was established and that Mr. Parker had failed to demonstrate malice. Consequently, the judgment in favour of Mr. Parker was set aside.