The Family First Political Party - Tony Babbit Case Study - Law Assignment Help

Assignment Task

SCENARIO
DEFAMATION
Tony Babbit is the leader of the 'Family First' political party, and he is standing for election in 2020. The Family First party supports the sanctity of marriage, and Babbit often speaks publicly about the importance of marital faithfulness and he regularly attends church with his wife and children. 
Paul Smiggins is a reporter for the Daily Paper, and he interviews Babbit for an article in the Daily Paper.
During the interview Smiggins asks Babbit about allegations that Babbit has been seen publicly holding hands with a young woman. Babbit is furious and he orders Smiggins to leave. Smiggins states, "I'm going to publish this story and you'll regret your decision not to hire me as your media adviser."
An article is published on the front page of the Daily Paper. The headline is 'Family First? MP seen with young woman.' The article names Babbit and it repeats the allegations made by Smiggins to Babbit. It does not refer to Babbit's denial.
It so happens that, six months ago, Smiggins applied for the role of media adviser to Babbit. Smiggins was quite angry when notified that he did not get the job. Further, the young woman seen with Babbit is his niece, and there is no relationship as suggested by the article.
Both parties need to address Babbit's legal rights in relation to the article, including any defences available to Smiggins and the Daily Paper. 
Layout of Group Work

For Rhiannon and Harkirat: Maybe look at why defamation is important such as high-profile cases and the main reason is to sue for money. Then consider why Tony is suing, such as trying to protect his reputation, which is the significance aspect of defamation law. 
This is where you can include the Lange case (despite the fact it is a defence, it will make your argument stronger if you critically evaluate it). This goes to show that we all should include the Lange case, as Bill emphasised the case in session 3 class today. 
Look at the Defamation Act such as section 3 “the objects of the Act”. Maybe it will flow if you two consider who can sue, such as why Tony can sue e.g. high-profile person and who can be sued such as Daily paper. In terms of referring to the Lange case, it is the first requirement that the statement relates to a government or politics. 

For Huma: maybe look at Division 3 of the Defamation Act “remedies”. Most likely Tony will be suing for money, and will sue Daily paper, as they will have the money. In terms of the Lange case, maybe look at whether this case is similar to ours, maybe look at the decision and the three requirements. 

For Angela and Caitlin: I will look at Defamatory matter and Imputation- I will consider the test in Radio 2UE Pty Ltd v Chesterton (2009) 238 CLR 460; would cause an ordinary person in the public to think less of the person.
 
Caitlin will look at publication. Maybe look at section 8 and 11 of the Defamation Act. 

Angela and Caitlin: will look at “of or concerning” the plaintiff, so we will look at identifying Tony in the article. We can look at the Lange case, as Tony is part of the political party, whether it was reasonable that the Daily paper published the article? And whether there is malice and if there is, then the Lange case does not apply. [We can look at this together and if we have overlap, that’s okay we will then collate our work together]. 

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