Court of Appeal Wellington
CA52/2023
15, 16 August; 17 November 2023
Miller , Brown and Courtney JJ
CA52/2023
15, 16 August; 17 November 2023
Miller , Brown and Courtney JJ
Defamation — Responsible communication on matter of public interest — Two published news articles — Defamatory meaning — Whether source motivated by malice — Whether malice relevant to defence — Reasonable efforts to verify allegations — Omissions in articles — Reasonable opportunity to respond — Appeal against costs imposed — Uplift for costs incurred by respondent — Evidence Act 2006 s 68.
Defamation — Whether journalist’s source a joint tortfeasor — Control over article and publication — Not a mere source — Ability of journalist’s source to rely on defence of responsible communication on matter of public interest.