Wraydeh v Fairfax Media Publications Pty Limited; Wraydeh v Nationwide News Pty Limited

(2021) 105 NSWLR 254; [2021] NSWCA 153

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Defences
3. › Qualified privilege at common law
4. › Privileged occasion
5. › Privileged communication
6. › Whether communication relevant to privileged occasion
7. › No test of necessity
8. › News publications based on police media releases
9. › Additional information in publications not foreign to occasion of privilege
1. Defamation
2. › Remedies
3. › Compensatory damages
4. › Whether assessment of damages manifestly inadequate
5. › Adverse credibility findings
6. › Failure to correct the record as indicative of lack of distress
7. › No evidence of damage to reputation

Quick Take

When publishing on an occasion of qualified privilege arising from police media releases, media outlets are not confined to the content of those releases and may include additional information from other sources provided it is germane to the occasion; there is no requirement that the additional content be 'necessary'.