Rupert Burns

Date of this Version


Document Type

Journal Article

Publication Details

Burns, R. (1997). Political discussion as a defence to defamation: Lange v Australian Broadcasting Commission. High court review, 3, 11 pp.



Lange v Australian Broadcasting Corporation has been removed into the High Court from the Supreme Court of New South Wales so that the High Court can determine the answers to the following questions:
a. whether the 'constitutional defence' articulated in the orders of the Court in Theophanous v Herald & Weekly Times (1994) 182 CLR 104 should be the subject of an application for reopening and reconsideration;
b. whether the 'constitutional defence' extends its protection to political discussion generally;
c. whether political discussion is an occasion of qualified privilege at common law.