For the purposes of s 9(2)(b) of the Defamation Act 2005 (NSW), 'employs fewer than 10 persons' is confined to employees (persons under a contract of employment), as s 9(3) refers to counting 'employees' for the purposes of s 9(2)(b). The approach in Redeemer Baptist School v Glossop, which gave 'persons' a broader meaning, should not be followed. A broadcast about the dangers of a class of products that features a specific product without naming it can convey defamatory imputations about the manufacturer, and such imputations can be defamatory even though the focus is on the product rather than the manufacturer personally. An expert qualified in the general field (here, infant death and suffocation risks) may give admissible opinion evidence about a specific product within that class without having tested the specific product.
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