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NSW Is Media Committing Defamation?

Discussion in 'Defamation Law Forum' started by Zee, 18 October 2016.

  1. Zee

    Zee Active Member

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    Hi,

    My partner is currently in prison for accused murder that happened 6 years ago. The past year they have advertised his image and name on a news report as a terrorist. Just the other day, his image was in another news report, although the news report never verbally mentioned his name this but his image appeared on the news report with his full name above it.

    Like I said, my partner has never been associated with any terrorism nor has he ever been charged for terrorism.

    Does this full under libel and slander defamation?
     
  2. Rod

    Rod Well-Known Member

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    For a typical person this does sound like defamation.

    Not sure if it would apply here as I am unclear if a convicted murderer can be deemed to have a reputation to protect. While the O'Neil v ABC case suggests he still has some reputation to protect, this needs someone with more knowledge than me to answer.

    Note that he has to commence action within one year of the publication, or if a court approves, within 3 years of publication.
     
  3. Zee

    Zee Active Member

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    H
    Hi Rod,

    From what I've been told I can apparently sue on his behalf as i am his next of kin. I hope they do still protect prisoners as he still has a reputation to maintain when his released. So the one year to fill a complaint is true? I read that also on Google but didn't know if it was true ?

    I have already sent a complaint to the ABC channel as they are the company that advertised it. I also sent a letter to the commissioner of the prison as he also featured on the news report. He knows my partner really well and knows he isn't related to any terrorism but someone he still featured on this new report without correct ABC news of there mistake
     
  4. Rod

    Rod Well-Known Member

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    One year is correct.

    It would be worth getting a lawyer for this. Any win for defamation may go to helping fund a defence on the conviction.

    I wouldn't be talking to the ABC until after getting legal help.

    Can't comment on whether or not you can sue on partner's behalf, I don't have the answer to that question.
     

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