Question
Frank Jefferies is a reporter for the Daily Paper . During a recent election campaign, he interviews Tommy Puritan, a member of the Family Values
Frank Jefferies is a reporter for theDaily Paper. During a recent election campaign, he interviews Tommy Puritan, a member of the Family Values party who is standing for election. The Family Values party strongly supports the sanctity of marriage, and Tommy often speaks publicly about the importance of marital faithfulness and he regularly attends church with his wife and children.
During the interview Frank asks Tommy about allegations that Tommy has been seen publicly holding hands with a young woman. Tommy is furious and he orders Frank to leave. Frank states, "I'm going to publish this story and you'll regret your decision not to hire me as your media adviser."
An article is published on the front page of theDaily Paper. The headline is 'Family Values? MP seen with young woman.' The article names Tommy and it repeats the allegations made by Frank to Tommy. It does not refer to Tommy's denial.
Tommy comes to you for advice. He confirms that, six months ago, Frank applied for a role as his media adviser. He now recalls the Frank was quite angry when notified that he did not get the job. Tommy states that the young woman is his niece, and that there is no relationship as suggested by the article.
Address Tommy's legal rights in relation to the article, including any defences available to Frank and theDaily Paper.
Refer to relevant legislation such as the defamation Act 2005 (Vic) and any relevant case law
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