Walter is Johnny's accountant. While working on the accounts for Johnny's restaurant, The Lame Duck, Walter is interviewed by a journalist for the popular accounting magazine, P&L Weekly. The journalist asks if Walter is working on any interesting projects. Walter explains that he cannot disclose the identity of his current clients, but that he is preparing accounts for 'another restaurant unlikely to survive beyond the end of the year'. When the magazine is published, it includes a photo of Walter working at his desk with The Lame Duck's name clearly visible on his computer screen. Johnny wants to sue Walter in the tort of defamation. Is Johnny's action likely to succeed?