DEFAMATION - multiple publications - where applicants part of a group ejected from National Rugby League (NRL) match - whether certain broadcasts conveyed defamatory imputations to the effect that each applicant is racist and racially vilified or racially abused or made "vile racist remarks" towards a NRL player - overall impression created in the minds of the ordinary reasonable viewer - whether publications conveyed guilt or suspicion of guilt - meaning of "racist" - first, fourth and fifth matters complained of conveyed pleaded imputations
DEFAMATION - defence - justification - whether pleaded imputations substantially true pursuant to s 25 of the Defamation Act 2005 (NSW) (Act) - whether "sledging" directed to NRL player contained racial element - where respondents sought to rely on other conduct of applicants as evidence of the kind of conduct the applicants engaged in inside the stadium - imputations not substantially true
DEFAMATION - defence - statutory qualified privilege - whether first respondent's broadcast was published on an occasion of qualified privilege pursuant to s 30 of the Act - whether first respondent's conduct in publishing the broadcast was reasonable - where satisfied viewers had an interest or apparent interest in receiving information on relevant subjects - where information available to first respondent was the report of alleged racial abuse - where subsequent reporting could not justify a finding that first respondent's conduct was reasonable in the broader circumstances - conduct of first respondent not reasonable
DEFAMATION - defence - honest opinion - whether the matters expressed in the imputations were the honest opinion of employees or agents of the first respondent rather than a statement of fact pursuant to s 31 of the Act - whether opinions of first respondent's broadcasts were based on matters that were substantially true or published on an occasion of qualified privilege at common law - where dissemination of reports of alleged racial abuse sufficiently proximate to original disclosure - defence established
DEFAMATION - remedies - assessment of compensatory damages for non-economic loss
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