-2356.
The distinction between the first or main publishers of a work which
contains a libel49 and subordinate publishers of that work, central to the innocent
dissemination defence, was developed in the era of mass communications in the
print medium. As we have seen, the defence was designed to relieve from the
strict publication rule, persons such as wholesalers, distributors, booksellers,
librarians, newsagents and the like. While such persons came within the very
broad traditional concept of “publication” since they intentionally participated
in distribution of the work, they were relieved of liability if they could show that
they did not know and could not with reasonable care have known the
defamatory content of the article they were disseminating.
57.
In the creation and distribution of such print publications, the first or
main publishers have or can readily acquire full knowledge of the publication’s
content before its release and are able to control and, if necessary, prevent
dissemination of such content. It involves what is sometimes called a “one-tomany” model of mass communication. The “one” – the entity which originates
and publishes the work – exercises editorial and general control over the
publication process.
Such an entity is denied the defence of innocent
dissemination.
58.
The same “one-to-many” model applies to radio and television
broadcasts, as illustrated by Thompson v Australian Capital TV Ltd.50 That was
a case which involved a programme produced by one television channel
(Channel 9) being broadcast live to air by another (Channel 7). The programme
contained defamatory allegations, leading to an action against Channel 7 which
sought to raise the innocent dissemination defence on the basis that it was a
subordinate publisher of Channel 9’s programme. That defence was rejected on
the basis that Channel 7 had full control of how and when the programme was
49
Leaving printers aside for the moment.
50
(1996) 186 CLR 574.
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