由此
-4-
A
B
A
can be accessed by anyone in the world without restriction through the
internet.
C
C
D
E
11.
B
Mr. Bertil Lintner is a journalist living in Thailand. He is the
author of the Article entitled “Dubai: An underworld paved with gold”
D
E
which appeared on ATO on 19 April 2006. The Article is annexed to this
F
G
H
I
Judgment. For convenience of reference, I have numbered the Article’s
paragraphs and divided the Article into 13 thematic sections.
12.
F
G
By these proceedings the Plaintiffs contend that the Article
was defamatory. They have sued ATOL for a permanent injunction to
H
I
restrain future publication and for damages (including exemplary damages)
J
K
in respect of loss caused to their business as a result of the Article’s
publication. They have also issued a writ against Mr. Lintner claiming
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K
similar relief. But Mr. Lintner’s precise whereabouts in Thailand being
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unknown, they have not actually served the writ on him.
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M
13.
N
O
ATOL denies liability for defamation and in any event disputes
the Plaintiffs’ entitlement to damages. ATOL’s principal defence is that, if
N
defamatory, the Article was subject to qualified privilege.
O
More
specifically, it is ATOL’s case that, applying the principles which the
P
Q
House of Lords expounded in Reynolds v. Times Newspaper [2001] 2 AC
127, ATOL was under a duty in the public interest to publish the facts and
P
Q
matters stated in the Article.
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R
S
14.
At trial, I heard oral evidence from ARY and Mr. Salman Iqbal
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on behalf of the Plaintiffs.
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T
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U
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V
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