 Capital Counties Bank v Henty (1882) 7 App. Cass. 741

 Edmondson v Stephenson (1766) 1 Bull N.P. 8

i) Truth: The subject matter is not defamatory if it is true.

ii) Fair comment: The defendant is allowed to comment on facts truly stated, as long as the comment is fair and the defendant is not motivated by actual malice.

iii) Privilege: On certain occasions, the courts have held that policy and convenience require that a person should be free from responsibility for the publication of defamatory words. These occasions are constitute privileges. Privilege may be absolute.

No, the reporter has a right to write about a court case because courts are open to the public. They do however have very strict guidelines to follow. They are not, for example, allowed to reveal a witness name, nor write anything ambiguous which would create any insinuations. Generally there are many strict rules to follow when court-reporting.

iii) To preserve the traditional freedom of the press within Australia and ensure that the free press acts responsibly and ethically.

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