Analysis Of Kennett V. Nationwide News Pty Ltd

Better Essays
Question 1
Kennett v. Nationwide News Pty Ltd concerned a newspaper article published one day after the then Victorian Premier - the state’s Political leader - and his wife announced their separation. The Australian ran a feature article, headed ‘A House Divided’, which examined stresses facing the couple in public life. The plaintiff pleaded four imputations :
• the Plaintiff, whilst living with his wife Felicity, was sexually involved with other women;
• the Plaintiff, whilst living with his wife Felicity, betrayed her by having sexual relations with one named woman:
• the Plaintiff, whilst living with his wife Felicity, betrayed her by having sexual relations with a second named woman;
• the Plaintiff lied by falsely denying that
…show more content…
The questions addressed in this particular hypothetical case distinguish between crimes (a) and (b), both perpetrated by a person of generally well-accepted standing. The only distinction between them is in relation to the sentence imposed. The law does not prohibit the publication of an individual 's criminal convictions, irrespective of the type of crime or misdemeanor as seen in Campbell v Mirror Group Newspapers Ltd.
Hence, the instance referred to here, concerning a news report regarding Malcolm Somebody being charged of a sexual offence, demonstrate behaviour which is not fitting for a person of any particular standing, therefore there is limited room for lowering individual any more in the eyes of society. At any rate, hypothesis (b) would go before a jury. As long as the report only covers facts without any additional sting, there is little or no legal remedy, not even a right to protection under the privacy provisions .
Nevertheless, should the reporting go beyond the necessary degree of straight fact, the professor could theoretically bring a case of defamation but would need to face the defence 's plea of veritas. Still, juries can be persuaded that newspaper reports can contain libel or defamatory statements. The English libel case of Alan Campbell v Mirror Group Newspapers Ltd , concerning a paedophile (a fact in itself not subject to
    Get Access