Radio 2UE Sydney Pty Ltd v Chesterton

Radio 2UE Sydney Pty Ltd and others (the appellants) appealed to the High Court of Australia against a decision of the New South Wales Court of Appeal, which had upheld a judgment in favour of Mr. John Chesterton (the respondent) in defamation proceedings. The dispute concerned statements made by the appellants on a radio program that were alleged to be defamatory of the respondent.

The High Court was required to determine, among other things, whether the defence of qualified privilege was available to the appellants in relation to the defamatory statements. This involved considering the nature of the occasion on which the statements were made and whether the appellants had an interest or duty to publish the information, and whether the respondent had an interest in receiving it. The Court also had to consider whether the defence of honest opinion was applicable, and if so, whether the opinion expressed was based on true facts.

The High Court ultimately found that the defence of qualified privilege was not established. Their Honours reasoned that while there was a reciprocal interest between the broadcaster and the audience in discussing matters of public interest, the manner in which the statements were made, particularly the lack of reasonable care and the publication of unsubstantiated allegations, defeated the defence. The Court also found that the defence of honest opinion was not available as the opinions expressed were not based on true facts. The appeal was therefore dismissed.