TIOPIC; LAW

Robert is a very active law student at Queensland's Middle State Government University (MSG-U) based in Gladstone. In addition to his studies, he is the President of the Law Students Association and a member of the political group, The Young Graziers for Climate Action Association. He is also the Editor of the "Law Students Voice" student newspaper. Both the Young Graziers and the Law Students Voice newspaper are strong advocates for climate change action and alternate energy.

The Students Voice is known for its robust language and strident views on a broad range of political and University topics although these are often published in a funny and satirical manner. The Students Voice is published online but is mostly read by Queensland MSG-U students.

The Vice Chancellor of MSG-U who is based on the Gladstone campus, has issued numerous statements in the last twelve months claiming climate change action is the number one priority of the University. He has declared a war on waste particularly in relation to electricity. He has been instrumental in introducing solar panels to most of the buildings, mainly using Federal Government grant money.

Rupert and his investigative team of students believe they have uncovered a rort where solar power from the roof of the University library has been rerouted and directed by facilities staff under the direction of the Head of Facilities to power a newly installed hot tub in the Vice Chancellor's luxurious suite of offices.

The student newspaper has now published a scathing article accusing both the Vice Chancellor and the Head of Facilities of defrauding the taxpayer and misusing University funds using very colourful and sometimes crude language.

The article is accompanied by a cartoon showing a depiction of the two men at the centre of the story, red faced, seated in a large pot of hot water on an open flame under the banner headline, "Cronies Cooked in Hot Water."

The University has instructed solicitors to sue Rupert as the publisher of the material. An appropriate "Concerns Notice" has been issued naming as the claimants the Vice Chancellor, the Head of Facilities and Middle State Government University, (the body corporate).The solicitors letter says his clients will sue under theDefamation Act 2005 (Qld).

Shortly after the notice was served the Head of Facilities died unexpectedly of natural causes although his widow is interested in pursuing the case.

Rupert is refusing to issue an apology and instead he is claiming that by threatening to sue, the University is interfering with his right to make a political statement on a matter of public interest.

Rupert has come to you for your written legal opinion in your capacity as a volunteer at the local community legal centre.

Referring specifically to theDefamation Act 2005 (Qld)and any relevant case law Rupert asks you to comment specifically on these four questions.

Is his article defamatory?

Can he be sued in defamation in Queensland by any or all of the three claimants?

What defences might be relevant and available to him under the Act?

Can the High Court case ofColeman v Power (2004) 220 CLR 1offer him any assistance?