Channel Seven Adelaide P/L & Anor v S, Dj

[2006] SASC 10

Supreme Court of South Australia

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Interrogate

Catchwords

1. Defamation
2. › Capacity of words to convey defamatory meaning
3. › Statement that person is a suspect in a murder case
4. › Whether capable of conveying imputation that there were reasonable grounds for suspicion
5. › Test for striking out pleading as disclosing no cause of action
1. Defamation
2. › Repetition rule
3. › Report of allegations made in court proceedings
4. › Whether repetition rule applies to report of statements made in inter partes proceedings
5. › Whether reporter's non-adoption of allegations excludes application of rule
1. Defamation
2. › Meaning
3. › Ordinary reasonable reader or viewer
4. › Transient publications
5. › Greater degree of loose thinking expected of viewer of short sensational broadcast
1. Defamation
2. › Pleading
3. › Particularity of imputation
4. › Whether plaintiff required to specify whether imputation alleges plaintiff's own conduct warranted suspicion

Quick Take

A statement that a person is a suspect in a murder case is capable of conveying the imputation that there are reasonable grounds for the suspicion. The repetition rule applies to media reports of defamatory allegations made in court proceedings, even where the reporter attributes the statement to a judge and does not adopt the allegation. Where a publication is transient and sensational, the ordinary reasonable viewer is expected to engage in a greater degree of loose thinking.