A Minister who directs the inclusion of unsubstantiated defamatory allegations in a ministerial report, actuated by malice, commits the tort of misfeasance in public office and is liable for exemplary damages. The Lange defence of publication on government and political matters is available to media defendants broadcasting about government reports, but requires the defendant to have acted reasonably, including by taking steps to verify defamatory material. Neither Ministers nor ministerial review committees owe a duty of care in negligence to individuals affected by their reports where such a duty would conflict with their statutory functions. Loss of earning capacity caused by stress-related inability to work following defamation is recoverable and not too remote.
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