THE radio station 2GB will be forced back to court to defend another one of its broadcasters after the High Court partially upheld an appeal by Sydney Lebanese identity Keysar Trad over comments made by Jason Morrison in the aftermath of the Cronulla riots.
In the latest development in a series of legal battles between Mr Trad and the station, the court yesterday ordered that the NSW Court of Appeal re-examine a number of allegedly defamatory comments made by Morrison on December 19, 2005.
Morrison made the comments a day after Mr Trad told a peace rally that Muslims in Australia were ”suffering as a result of the racist actions of predominantly one radio station”.
Mr Morrison described Mr Trad as a ”disgraceful” and ”dangerous individual” who was ”responsible about [sic] more misinformation about the Islamic community of the attitudes of Christian Australians than any other person”.
Mr Trad was initially successful in a defamation case in the NSW Supreme Court but the decision was reversed in part by the Court of Appeal. Yesterday, a five-judge panel of the High Court delivered a majority verdict which partially rejected the radio station’s defences of ”substantial truth” and ”contextual truth”.
However, there was some vindication for the station, with the judges knocking out a number of Mr Trad’s claimed defamatory imputations on the grounds that Morrison was covered by qualified privilege.
The court found that Morrison was effectively entitled to make some of the comments because he was responding to an attack and vindicating his reputation.
The majority of the panel concluded the defence of qualified privilege applied to six of the eight defamatory imputations relied upon by Mr Trad.
The judgment follows a decision this week rejecting an appeal by Alan Jones against a finding that he incited hatred in comments he made before the Cronulla riots.
This story Administrator ready to work first appeared on Nanjing Night Net.