Harbour Radio Pty Limited v Trad

Defamation – Defences – Qualified privilege – Contextual truth – Substantial truth – Reply to criticism – Malice – Where appellant made broadcast in response to statements made by respondent – Whether defence of qualified privilege applicable to statements – Whether broadcast sufficiently connected to criticism by respondent – Whether broadcast made bona fide to vindicate reputation of appellant – Whether broadcast actuated by malice – Whether community standard test of "right-thinking" person relevant to substantial or contextual truth defence – Whether audience composed of ordinary decent persons relevant to substantial truth or contextual truth defence.

Words and phrases – "contextual truth", "malice", "qualified privilege", "substantial truth".

Defamation Act 1974 (NSW) – ss 3, 7A, 9, 11, 15, 16.