Seven Network (Operations) Limited v Greiss [2024] FCAFC 162

Federal Court of Australia

Seven Network (Operations) Limited v Greiss [2024] FCAFC 162 Appeal from: Greiss v Seven Network (Operations) Limited (No 2) [2024] FCA 98 Greiss v Seven Network Operations Ltd (Costs) [2024] FCA 377

File number: NSD 607 of 2024

Judgment of: LEE, CHEESEMAN AND JACKMAN JJ

Date of judgment: 11 December 2024

Catchwords: DEFAMATION – where journalist tweeted and media organisation reported that the respondent stared down the complainant and spat at or towards her outside courthouse – where appellants pleaded defences of substantial truth, contextual truth and honest opinion – where primary judge rejected substantial truth defence – whether the respondent spat "towards" or "in the direction of" the complainant – where no error established in relation to central findings – whether substantial truth defence made out in relation to Facebook post – where conclusion that spit was "for" the complainant or "directed to her" sufficient to justify substantial truth of the imputations – cross-appeal – contextual truth – s 26 of the Defamation Act 2005 (NSW) – where primary judge upheld defence in relation to Article and Tweet – where contextual imputation carried "in addition to" pleaded imputations – whether the respondent was "further harmed" by the pleaded imputations – where Court must focus on the facts, matters and circumstances said to establish truth of contextual imputation, rather than terms of contextual imputation – where no compelling reason to depart from intermediate appellate authority – where defence established in relation to all three publications – cross-appeal dismissed – appeal allowed