Stephens v West Australian Newspapers Ltd

In *Stephens v West Australian Newspapers Ltd*, the High Court of Australia considered an appeal from a decision of the Full Court of the Supreme Court of Western Australia concerning an action for defamation. The appellant, Mr. Stephens, alleged that he had been defamed by articles published by the respondent, West Australian Newspapers Ltd, in the *West Australian* newspaper.

The central legal issue before the High Court was whether the defence of qualified privilege was available to the respondent in respect of the defamatory publications. Specifically, the Court had to determine whether the occasion of publication was one of privilege, and if so, whether that privilege had been defeated by malice on the part of the respondent.

The High Court, in a joint judgment, held that the defence of qualified privilege was not available. Their Honours reasoned that while the subject matter of the articles (matters of public concern) and the respondent's interest in publishing them (public interest) might ordinarily attract qualified privilege, the manner of publication and the extent of the inquiries made by the respondent were such that the privilege was lost. The Court emphasised that the privilege is not absolute and can be defeated if the publication goes beyond what is reasonably necessary to protect the public interest, particularly where the inquiries are not conducted with sufficient care or are based on unreliable sources.

The High Court therefore dismissed the appeal, upholding the decision of the Full Court of the Supreme Court of Western Australia.