LANGE V AUSTRALIAN BROADCASTING CORPORATION Meaning and
Definition
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Lange v Australian Broadcasting Corporation is a landmark defamation case in Australian law that established an important precedent related to the defense of qualified privilege. In this case, the plaintiff, David Lange, a former Prime Minister of New Zealand, sued the Australian Broadcasting Corporation (ABC) for defamation over a documentary aired by the ABC.
The High Court of Australia delivered its judgment in 1997, affirming the defense of qualified privilege for political communication. The court held that a responsible media organization has a qualified privilege to report on political matters and discuss the conduct of public figures, provided that the reporting is in the public interest. This defense protects the media's freedom of speech and ensures that journalists can discuss matters of public importance without fear of legal repercussion.
The court also determined that the defense of qualified privilege is available as a defense against defamation even if the report contains minor inaccuracies or errors. However, for the defense to apply, the media organization must act responsibly, diligently, and in good faith in gathering and reporting the information.
The Lange v Australian Broadcasting Corporation case significantly reshaped defamation law in Australia by recognizing the importance of robust political debate and media freedom. It established that media organizations can enjoy a qualified privilege to report on political matters, enhancing the democratic discourse and enabling the public to stay informed about the conduct of public figures.
