Court upholds ‘newspaper rule’

Press, 9 June 1980, Page 4

Court upholds ‘newspaper rule’

PA Wellington The “newspaper rule” protecting a source of information in a libel action has been successfully invoked by the Broadcasting Corporation in the Court of Appeal. The corporation has been sued by Alex Harvey Industries, Ltd. and A.H.I. Operations, Ltd, in respect of the television programme, "Fair Go,” relating to the quality of a roofing tile manufactured and distributed by the plaintiff companies. In its judgment, the Court of Appeal, comprising Mr Justice Woodhouse, Mr Justice Richardson, and Mr Justice McMullin, unanimously allowed an appeal by the corporation against a decision by Mr Justice Holland in the High Court at Auckland requiring the defence to produce documents _ disclosing its sources of information.

In the leading judgment, Mr Justice Woodhouse said it might be possible for some of the documents to be made available for inspection while still protecting the identity of sources of information.

“In case the parties are unable . to agree upon this matter, the case should be remitted to the High Court in order to determine wheth-

[er it is practical for the cori poration to produce any ! documents or photocopies in such a form that material [ pointing to identity of informants is withheld," his Honour said. “The claim to avoid disclosure is. not based upon any issue of privilege or upon arguments that there is a judicial discretion which should be exercised in favour of the Instead, it relies upon what may conveniently be described as the ‘newspaper rule’.

“It is claimed as a longstanding rule or practice, even a principle of law since it has always been observed, that the proprietors of newspapers will not be compelled to discover the source of information of ,an alleged libel. “For more than a century there has been an opportunity to find some kind of special reason as justification [for failing to act' on the I newspaper rule; During that long period none has been acted upon, nor has any real category of - ' case been;,suggested as likely :to occur. .-• “In any event, it must now be obvious that if there are exceptions they will be rare indeed,” his Honour said.