A NEWSPAPER HEADING

Taranaki Daily News, 22 November 1930, Page 9

A NEWSPAPER HEADING

BASIS OF LIBEL ACTION MAGISTRATE GIVES HIS OPINION. DAMAGES AWARDED to CLAIMANT By Telegraph.—Press Association. ■ Wellington, Last Night. Damages amounting to. £25 were awarded by Mr. J. S. Barton, S.M., against the Wellington Publishing Company, Ltd., proprietor of the Dominion newspaper, in a libel action in which Edward James Ashby claimed £95 from the company in ’ respect of the use of the words “A ’Swindle” in the heading of a compensation claim. “The first question to be considered,” said Mr. Barton, “is whether or not the word used, seeing that it appears in a headline, is part of a report of judicial proceedings, for if it is the defendant ’’ has the benefit of the protection known as qualified privilege accorded by the law to such reports.” The defendant having chosen the words as the heading of a report had to satisfy the Court that it was fair comment in a matter of public interest Having carefully studied the headline and report, tluj magistrate was of the opinion that there was nothing in the report which tended to cut or tone down the ordinary meaning of the word “swindle,” Any ordinarily intelligent reader would, he thought, take from the word “swindle” an imputation that the claim described in detail in the report was a claim that was not justified by the happening oh which the plaintiff based it, but was an unjust claim designed to procure payment by the defendant of damages to which the plaintiff was not justly entitled.

In Mr. Barton’s opinion the heading would convey to the average reader that the newspaper had adopted and therefore given prominence to the view that the claim was an unjustifiable one. He thought that the readers’ perusal of the report would be influenced accordingly. ’ • “I am of opinion, therefore,” Mr. Barton concluded, “that the words ‘a swindle’ are not a fair summary or indication of the contents of the report. The newspaper adopted the .submission of counsel for one of the parties and used it as its comment on the report of an unfinished case. The fact that, it is a report of an unfinished case increases the risk of comment.” The magistrate fixed security for appeal at £l2 12s.