LIBEL ACTION

Press, Volume LXVI, Issue 20092, 22 November 1930, Page 11

LIBEL ACTION

DAMAGES AWARDED AGAINST j NEWSPAPER. ..'XI39 4630C1ATIGK TtI.EC.aAU.; WELLINGTON, November 21. : Damages amounting to £.25 ivero awarded against the Wellington Publishing Co., Ltd., proprietors of the "Dominion"' newspaper, in a libel action, in which Edward James Ashby claimed £.95 from the company ia respect of the use of the -words "a swindle" ill the j heading of a compensation claim. j "The first question to be considered,"' said Mr Barton, S.M., "is whether or j not the word used (seeing that it appears in a headline) is part of the report of the judicial proceedings, for if it is defendant has the benefit of the protection known as qualified privilege accorded by law to such reports." Defendant having chosen the words as the heading of the report had to satisfy the Court it was fair comment in a matter of public interest. Having carefully studied tne headline and the report the Magistrate was of the opinion that there was nothing in the report, which tended to cut or tone down tho ordinary meaning of the word "swindle." Any ordinary intelligent reader \vould r ho thought, take from the word "swindle" the imputation that the claim described in detail in the report was a claim that was not justified by tho happening on which plaintiff based it, but j was an unjust claim designed to procure payment to the plaintiff by the defendant of damages to which the plaintiff was not justly entitled. In his (Mr Barton's) opinion tho heading would convey to the average reader that the newspaper had adopted and therefore given prominence to the view that the claim was an unjustifiable one. He thought that a reader's perusal of the report would be influenced accordingly. "I am of the opinion, therefore," Mr Barton concluded, "that the words 'a swindle' arc not a fair summary or an indication of the contents of tho report. The newspaper adopted the submission of counsel for one of the parties and used it as its comment on the report of an unfinished case. The fact that it is a report of an unfinished case increases the risk of the comment. ' Tho Magistrate fi~ed security for appeal at £l2 12s.