TCN Channel Nine Pty Ltd v Bass

TCN Channel Nine Pty Ltd (Channel Nine) and others were sued by Mr Bass for defamation. The dispute concerned television broadcasts by Channel Nine which Mr Bass alleged were defamatory of him. The case was heard in the High Court of Australia.

The High Court was required to determine whether the defence of qualified privilege was available to Channel Nine in relation to the broadcasts. Specifically, the court considered whether the broadcasts were made on an occasion of qualified privilege and, if so, whether that privilege was defeated by malice on the part of Channel Nine.

The court reasoned that the defence of qualified privilege requires that the communication be made on an occasion recognised by law as privileged, and that the communication be made in good faith. The High Court held that the occasion of the broadcasts was not one of qualified privilege, as the public interest in receiving the information did not outweigh the potential harm to Mr Bass's reputation. Furthermore, the court found that even if the occasion were privileged, the broadcasts were made with malice, as Channel Nine had acted with a reckless disregard for the truth.

The High Court dismissed Channel Nine's appeal and upheld the judgment of the Full Federal Court.