A publisher relying on statutory qualified privilege under s 22 must demonstrate that serious defamatory allegations were put to the person defamed for comment before publication; the chaotic circumstances of a bushfire did not excuse the failure to do so where the sub-editor had the means to verify the allegations. Evidence of the truth of contextual imputations is relevant in mitigation of damages even where the contextual truth defence under s 16 fails. The Polly Peck defence remains unavailable in Australian common law.
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