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Anna is a successful tennis player, residing in Darwin and ranked in the world's top 500 players by the WTA (Women's Tennis Association). A few

Anna is a successful tennis player, residing in Darwin and ranked in the world's top 500 players by the WTA (Women's Tennis Association). A few days ago, she tested positive to a prohibited substance while at a tournament in Sydney. Both samples taken (the A and B samples) have tested positive, so the possibility of an error is out of the question. Accordingly, Anna was instantly disqualified from the Sydney tournament, with an investigation now underway to determine the period of further suspension. Anna strongly claims her innocence, saying that she does not know how the prohibited substance ended up in her body.

Anna is also the president of the Territorians for Clean Sports (TCS) association, which has a core objective of eliminating drug cheating in sport. As news of Anna's drug suspension broke, the executive committee of TCS convened a meeting to discuss the option of suspending or perhaps even excluding Anna from the association. During the heated debate at that meeting, Mary, another executive committee member known to be in conflict with Anna over several TCS policies, commented: "I wouldn't be surprised if the prohibited substance was put in Anna's tea by a disgruntled wife". Other executive committee members at the meeting reacted with amusement to Mary's comment, with some laughing and clapping in approval, as rumours had circulated for some time in Territorian sports circles about Anna sleeping with her coach.

Anna was then immediately suspended from her role as president of the TCS, pending the conclusion of WTA's investigation of the doping case. Reporting on the TCS meeting, the "Territory Terror", an influential NT tabloid newspaper, ran an article with a banner heading reading "One way or the other - CHEAT!". The article then built on the idea that the only explanation that would exonerate Anna from the drug cheating accusation would be one exposing her as an immoral person who slept with her coach while both of them are married. The article came with a photograph of Anna, her coach, and the coach's wife having breakfast at the hotel where they were staying during Anna's tournament in Sydney. The photo caption said: "Anna - sharing more than a cup of tea?".

A few days later, the WTA published the results of its investigation. It found that the prohibited substance was ingested by Anna by taking medication prescribed by her doctor to treat a migraine. The doctor had been negligent by failing to check that the prescribed medication does not contain any substance that is prohibited by sports doping authorities. Upon receiving the test results, TCS cancelled Anna's suspension as its President, explaining in a press release that even though Anna must be suspended from playing tennis for 2 years (as doping is a strict liability offence), her "moral" standing is not affected, as she ingested the drug unintentionally, and it was therefore appropriate for her to continue as the TCS President.

Answer the following questions:

  1. What are Anna's chances in a defamation claim against Mary?
  2. What are Anna's chances in a defamation claim against the Territory Terror?

In both questions include a discussion on defences and remedies.

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