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Report No. 93

5.3. Ruling in New South Wales and Australian Capital Territory.-

In a later case decided in 1976, the Supreme Court of the Australian Capital Territory took the same view.1 This was an action for defamation alleged to have been committed by the defendant corporation in publishing an article in its newspaper. The journalist who wrote the articles was asked during cross-examination the names of the informants who had supplied the information alleged to be defamatory. The journalist refused to answer the question, saying that he was bound by his honour not to do so. The judge held that the journalist enjoyed no relevant privilege, following the decision of the N.S.W. Full Court which we have mentioned earlier.2

1. Hewitt v. West Australian Newspaper Ltd., (17 Nov., 1976) (Supreme Court of A.C.T.) Facts taken from Law Reform Committee of West Australia, Working Paper (Privilege for Journalists), pp. 5-6, para. 2.10, (10 June, 1977).

2. Duchman (in re:), (1964-65) NSWR 1379 (see para. 5.2, supra).



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