由此
- 10 -
A
B
34.
A
Beyond that, I am not sure that it is possible or advisable fully
to articulate the requisite standard. Much will depend on the context of a
C
B
C
given situation. In essence, the Court has to evaluate whether, at least in
D
E
light of the 10 factors identified by Lord Nicholls, a hypothetical
responsible journalist or editor might reasonably decide to publish an
D
E
article.
F
F
G
35.
The assessment of journalistic responsibility is conducted
G
objectively. Strictly, the journalist’s subjective belief that he was acting
H
I
responsibly is not relevant to the exercise.
This was stressed in
Loutchansky (at §40): “In the final analysis it must be the court, not the
H
I
journalist, to decide whether he was acting responsibly”.
J
J
K
III.
DISCUSSION
36.
L
M
K
The Writ never having been served on Mr. Lintner, the trial
has focused on ATOL’s duties as editor and publisher of the Article. In
this section I will first discuss ATOL’s liability (if any) and then cover the
L
M
quantum of damages (insofar as ATOL is found liable).
N
N
O
37.
On liability, I propose to consider the following questions and
matters:-
P
P
(1)
Q
R
Is the Article defamatory? The discussion here will look at the
Article as a whole. However, as part of such exercise, it will
be necessary to consider the individual sections into which I
have divided the Article.
S
T
O
Q
R
In so doing, it will also be
convenient for me to consider the extent to which (if at all) the
Article accurately reflected documentary materials which were
S
T
apparently available to ATOL at the time of publication. As
U
U
V
V
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