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 |  offline 
                    cases 1 
 This page highlights some offline defamation cases in Australia, 
                    the UK and other jurisdictions.
 
 It covers -
 Some 
                    more recent cases involving print and broadcast are explored 
                    on the following page.
 
  introduction 
 The following paragraphs do not present a comprehensive picture 
                    of defamation in the print and broadcast media. An itemisation 
                    of major cases in different jurisdictions is found in works 
                    highlighted in the preceding page of this profile.
 
 This page instead offers a brief discussion of a range of 
                    cases over the past 200 years, illustrating -
 
                    changing 
                      notions of fairness and free speechdifferent 
                      standards for the treatment of public figuresthe 
                      role of personality in initiating and defending libel actionquestions 
                      about whether it is sometimes best to ignore offensive statementsthe 
                      uncertain fit between truth, justice and law Readers 
                    of this site should conduct appropriate research before making 
                    their own judgements about circumstances, claims and counter-claims.
 
  Short and Lyons 
 In 1826 Sydney resident Francis Short sued the Sydney 
                    Gazette over implications that he had committed perjury. 
                    His lawyer indicated that Short was aware of a commercial 
                    world wider than the Australian colonies and claimed that 
                    the Gazette's words "might be read in England, 
                    at the Cape and in India". It was "very improper" 
                    to print claims about Short as "those whose eyes it caught 
                    might suppose, for the first time in their lives, that Francis 
                    Scott had been guilty of perjury" but would not encounter 
                    a statement in defence of Short.
 
 Twelve years later ex-convict and successful businessman Samuel 
                    Lyons gained substantial damages from the Sydney Herald 
                    over allegations that he was involved in an auction racket. 
                    The Herald claimed that, as a former felon, Lyons 
                    had no reputation to lose. He argued that the allegations 
                    were attributable to political malice and his decision to 
                    withdraw advertising support from the paper. The judge and 
                    jury disagreed with the publisher, finding that Lyons did 
                    have a reputation to lose.
 
 
  Brunswick 
 In 1848 exiled German ruler Karl II, Duke of Brunswick & 
                    Luneberg (1804-1873), heard that he had been maligned in the 
                    1830 Weekly Dispatch, a London newspaper. His manservant 
                    discovered a copy at the British Museum and also obtained 
                    a copy from the Dispatch's publisher Harmer, who 
                    was then sued by the Duke (even though at that time there 
                    was a six year limit on initiation of libel action, now a 
                    mere 12 months).
 
 The Court of Queen's Bench ruled in 1849 that Harmer's provision 
                    of a single copy during the previous year constituted a separate 
                    act of publication, with the statutory period for litigation 
                    commencing at that time rather than when the  Dispatch 
                    was printed and distributed in 1830. The Duke was awarded 
                    £500.
 
 Duke of Brunswick & Luneberg v Harmer (aka The 
                    Duke of Brunswick's Case) has been a foundation for what constitutes 
                    a publication in defamation and that a cause of action arises 
                    in each jurisdiction where the material is read.
 
 Michael Kirby in the Gutnick case commented
  
                    The 
                      idea that this court should solve the present problem by 
                      reference to judicial remarks made in England in a case, 
                      decided more than 150 years ago, involving the conduct of 
                      the manservant of a duke, dispatched to procure a back issue 
                      of a newspaper of minuscule circulation, is not immediately 
                      appealing to me a 
                    sentiment echoed by UK Appeals Court Justice Lord Phillips 
                    in 2005, saying that if a latter-day duke tried to sue in 
                    similar circumstances he would be given short shrift: "We 
                    would today condemn the entire exercise as an abuse of process".
 Duke Karl is otherwise famous only for losing the 'Opera Game' 
                    in a chess contest against Paul Morphy at the Paris Opera 
                    House in 1858 and for peculiarities such as wearing diamond-encrusted 
                    underwear. He had boasted that were it not for his wealth 
                    he would be in an insane asylum.
 
 
  Whistler and Ruskin 
 In 1877 cultural critic 
                    John Ruskin (1819-1900) slammed James Whistler's Nocturne 
                    in Black & Gold: The Falling Rocket with the comment 
                    that
  
                     
                      For Mr Whistler's own sake, no less than for the protection 
                      of the purchaser, Sir Coutts Lindsay ought not to have admitted 
                      works into the gallery in which the ill-educated conceit 
                      of the artist so nearly approached the aspect of wilful 
                      imposture. I have seen, and heard, much of Cockney impudence 
                      before now; but never expected to hear a coxcomb ask two 
                      hundred guineas for flinging a pot of paint in the public's 
                      face. Whistler 
                    (1834-1903) sought damages of £1000 in a libel suit 
                    against Ruskin, claiming that his "reputation as an artist 
                    has been much damaged by the said libel".
 The jury agreed but apparently did not consider the damage 
                    was great, with a derisory one farthing being awarded as damages. 
                    Whistler was bankrupted by his legal costs; Ruskin relapsed 
                    into madness.
 
 Subsequent critics have questioned whether Whistler's action 
                    was founded on an admirable concern to protect his integrity 
                    or on hubris, with a badly-judged bid for publicity. All publicity, 
                    it seems, is not necessary good publicity ... although Whistler 
                    is now often considered the victor.
 
 Henry Ford, accused by the Chicago Tribune in 1916 
                    of being an "ignorant idealist" filed a US$1m defamation 
                    suit. At the trial in 1919 the Tribune's lawyers 
                    had a field day demonstrating Ford's ignorance and zaniness 
                    (shortly to be evident in promotion of the vile farrago titled 
                    the Protocols of the Learned Elders of Zion). The 
                    Tribune was found guilty but Ford was awarded a derisory 
                    six cents damages.
 
 
  Speight v Syme 
 Richard Speight 
                    (1838-1901) led major expansion of the Victorian railway network 
                    during the bubble that preceded 
                    the disastrous 1890s crash in Australia. After two years of 
                    bitter criticism by The Age - with claims of incompetence, 
                    dereliction of duty, extravagance and contempt of parliament 
                    - Speight and his fellow railway commissioners were suspended 
                    by the incoming Shiels government in 1892.
 
 Speight responded with a writ against The Age and 
                    publisher David Syme 
                    (1827-1908), alleging libel on eleven counts and seeking £25,000 
                    (roughly worth $2m in 2005). Syme pleaded 'fair comment' in 
                    two defamation actions ensued in June 1893 and September 1894.
 
 Speight's action was heard first, over 92 sitting days, ended 
                    a verdict for him for £100 on one count and disagreement 
                    on the other counts. A second action over 88 sitting days 
                    resulted in damages of one farthing on one count for Speight. 
                    Syme was victorious on the other nine counts. The case cost 
                    Syme an estimated £50,000 in costs but provided unprecedented 
                    popular acclaim.
 
 
  Wilde and Eulenberg 
 Playwright and gadfly Oscar Wilde (1854-1900) sued the decidedly 
                    "mad, bad and dangerous to know" Marquis of Queensberry 
                    for libel after the peer famously accused him - in a card 
                    left with the hall porter at the Albermarle Club in 1895 - 
                    of "posing as a somdomite". Homosexual acts were 
                    a criminal offence under the 1885 Criminal Law Amendment 
                    Act ('Labouchere Act') and remained so until 1967. (Residents 
                    of Tasmania had to wait until 1997.)
 
 Wilde's libel action was unsuccessful. He was consequently 
                    arrested and tried for sodomy, being sent to hard labour in 
                    Reading Prison before dying in poverty in France. The cases 
                    arguably shaped English cultural and social life up to and 
                    beyond the Wolfenden era.
 
 Responses to Wilde's defamation action have varied, with some 
                    figures arguing that having chosen to live among the glitterati 
                    (or as an Irish gentleman and aesthete among foxhunting philistines) 
                    Wilde had no choice other than to defend his honour.
 
 Across the channel his contemporary Philipp, Prince zu Eulenberg-Hertefeld 
                    (1847-1921), a favourite of the wayward Kaiser Wilhelm II, 
                    was slower to respond to allegations from socialists and conservative 
                    opponents such as the acidulous Maximilian Harden (1861-1927).
 
 Defamation action by Eulenberg and associates was muddied 
                    by institutional homophobia and political agendas, with the 
                    specifics being lost amid conflicts over the shape of foreign 
                    policy, class warfare, the Kaiser's entourage and the market 
                    for sensation. It resulted in the end of his career and public 
                    life.
 
 
  Parnell and O'Brien 
 In 1889 Parnellite MP William O'Brien sued UK Prime Minister 
                    Lord Salisbury (1830-1903) for slander, claiming £10,000 
                    damages over the PM's comments about O'Brien's support for 
                    terrorism in Ireland. The Manchester jury found in Salisbury's 
                    favour.
 
 Two years earlier, at the height of public debate about coercion 
                    against Irish independence, the London Times published 
                    letters - acquired for £1,780 - supposedly 
                    from Charles Parnell (1846-1891) to a Fenian bomber. Parnell 
                    sued the Times for defamation.
 
 During the trial it became clear that, in a precursor of the 
                    'Hitler Diaries' fraud highlighted elsewhere 
                    on this site, the newspaper had been conned: the letters were 
                    a concoction by notorious blackmailer, pornographer and forger 
                    Richard Pigott.
 
 Parnell received £5,000 damages plus costs, Pigott blew 
                    his brains out in Madrid, participation in the trial and an 
                    associated commission of inquiry cost the Times £200,000. 
                    Rudyard Kipling's Cleared quipped that
  
                    if 
                      print is print or words are words, the learned court perpends,
 We are not ruled by murderers,
 but only - by their friends
  
                    reflecting the Commission's demonstration that the Irish Nationalist 
                    MPs had "their hand on the throttle valve of crime". 
                    The Nationalist party then tore itself apart over Parnell's 
                    adultery. Jurist Albert Dicey's The verdict: a tract on 
                    the political significance of the report of the Parnell Commission 
                    acknowledged the forgery and defamation but, on the basis 
                    of information published during the trial and the commission, 
                    commented  
                    A 
                      man cannot, as things stand, accept Parnellism, or for that 
                      matter Gladstonianism, without favouring revolution. The 
                      opposition between Unionists and Gladstonians is now the 
                      essential opposition between citizens who are determined 
                      that even legal or desirable ends shall never, in a free 
                      state, be attained by violent and lawless methods - and 
                      men who hold that ends which, rightly or not, they hold 
                      desirable or politic or just, be attained by means which 
                      break the law of the land and undermine the power of the 
                      state. The cause of Unionism has thus become the cause of 
                      legal justice against the cause of violence, the cause of 
                      constitutionalism against the cause of revolution  the Cherry Sisters 
 It is unclear whether a famously 'rotten 
                    review' in 1901 ended the theatrical career of the Cherry 
                    Sisters, US vaudevillians slammed in a review in Odebolt Chronicle 
                    and Des Moines Leader as
  
                     
                      Effie is an old jade of 50 summers, Jessie a frisky filly 
                      of 40, and Addie, the flower of the family, a capering monstrosity 
                      of 35. Their long, skinny arms, equipped with talons at 
                      the extremities, swung mechanically, and soon were waved 
                      frantically at the suffering audience. The mouths of their 
                      rancid features opened like caverns and sounds like the 
                      wailings of damned souls issued therefrom. They pranced 
                      around the stage with a motion that suggested a cross between 
                      the danse du ventre and a fox trot, strange creatures 
                      with painted faces and hideous mien. Effie is spavined, 
                      Addie is stringhalt, and Jessie, the only one who showed 
                      her stockings, has legs without calves, as classic in their 
                      outlines as the curves of a broom handle. The 
                    Iowa Supreme Court rejected 
                    an appeal by the performers, who had unsuccessfully sought 
                    damages for libel. The initial court had commented that  
                    Ridicule 
                      is often the strongest weapon in the hands of a public writer; 
                      and, if it be fairly used, the presumption of malice which 
                      would otherwise arise is rebutted, and it becomes necessary 
                      to introduce evidence of actual malice, or of some indirect 
                      motive or wish to gratify private spite. There is a manifest 
                      distinction between matters of fact and comment on or criticism 
                      of undisputed facts or conduct. Unless this be true, liberty 
                      of speech and of the press guarantied by the constitution 
                      is nothing more than a name The 
                    Supreme court agreed, holding that  
                    One 
                      who goes upon the stage to exhibit himself to the public, 
                      or who gives any kind of a performance to which the public 
                      is invited, may be freely criticised ... The comments, however, 
                      must be based on truth, or on what in good faith and upon 
                      probable cause is believed to be true, and the matter must 
                      be pertinent to the conduct that is made the subject of 
                      criticism.  US 
                    courts at the federal and state level have tended to offer 
                    arts critics greater latitude than courts in the UK and Australia.
 
  Greene, Shirley Temple and Papa Doc 
 Novelist Graham Greene (1904-91), in a Night & Day 
                    review of Shirley Temple's saccharine Wee Willie Winkey, 
                    commented that
  
                    infancy 
                      with her is a disguise, her appeal is more secret and more 
                      adult ... her neat and well-developed rump twisted in the 
                      tape dance: her eyes had a sidelong searching coquetry ...
 her admirers - middle-aged men and clergymen - respond to 
                      her dubious coquetry, to the sight of her well-shaped and 
                      desirable little body, packed with enormous vitality
 Temple's 
                    studio Twentieth Century-Fox sued, with Greene paying £500 
                    in damages and £3,500 in costs after the judge deemed 
                    the review "a gross outrage". Night & Day, 
                    meant to be the UK counterpart of the New Yorker 
                    or Mencken's Smart Set, expired with neither 
                    a bang nor a whimper.
 Greene's loss has been attributed to the judge's personal 
                    foibles and as an instance of middleclass grundyism, a reproof 
                    by judge and jury to the bright young things presumed to read 
                    Night & Day.
 
 Greene's 1966 novel The Comedians pictured the Duvalier 
                    family regime in Haiti as based on corruption, voodoo, murder 
                    and torture. Papa Doc's publicists responded by claiming that 
                    the book had resulted in a dramatic slump in Haiti's tourist 
                    trade, declaring in Graham Greene Finally Exposed 
                    that he was a a "pervert" and a "cretin''. 
                    Francois Duvalier sued Greene in a French court for ten million 
                    francs, winning the case but receiving damages of a single 
                    franc.
 
 
  Rasputin and MGM 
 The 1934 'Rasputin' trial in London saw plaintiff Princess 
                    Irina Youssoupoff, niece of the slain Russian Tsar Nicholas 
                    II, sue Metro-Goldwyn-Mayer for defamation over the studio's 
                    gaudy Rasputin & the Empress - starring not one 
                    but three Barrymores.
 
 The Princess did not dispute that Rasputin had been murdered 
                    at her husband's residence (given that Prince Youssoupoff 
                    had written a book claiming credit for the deed) but took 
                    offence over the film's suggestion that she had been seduced 
                    by the 'mad monk'. She was awarded US$125,000, at that time 
                    the largest libel judgment in England, and the Youssoupoffs 
                    launched defamation suits in most jurisdictions where the 
                    film was exhibited.
 
 MGM thereafter settled for an undisclosed sum, supposedly 
                    over US$500,000, and emphasised rubrics such as the disingenuous 
                    "This film bears no resemblance to any persons living 
                    or dead".
 
 
  Hardy, Hewett and Lohrey 
 Australian novelist and CPA member Frank Hardy (1917-1994) 
                    was tried for criminal libel in Victoria during 1951 over 
                    alleged depiction in his roman-a-clef Power Without Glory 
                    of Ellen Wren, wife of prominent businessman and Australian 
                    Labor Party fixer John Wren.
 
 The litigation turned into a pro/anti-communist circus following 
                    the High Court's overturn of the Communist Party Dissolution 
                    Act 1950 and moves by the Menzies Government for a Constitutional 
                    referendum to ban the Communist Party. Hardy's lawyers subsequently 
                    conceded that they had aimed to throw mud ... and make it 
                    stick.
 
 Hardy was acquitted, with the jury apparently keen on punishing 
                    Wren at his wife's expense, something that commentator William 
                    Rubinstein labelled as "a blatant miscarriage of justice". 
                    Power Without Glory enjoyed a momentary celebrity 
                    in Australia before disappearing into the stacks along with 
                    other famous but unread tracts.
 
 That notoriety might have been observed by novelist Hal Porter 
                    (1911-1984), who sued over a 1964 review of his autobiography 
                    The Watcher on the Cast-Iron Balcony imputing that 
                    he sought to provoke a ban through inclusion of offensive 
                    language. The 1969 poem Uninvited Guest by Dorothy 
                    Hewett (1923-2002) about her former husband Lloyd Davies and 
                    his wife provoked action by the aggrieved ex-spouse.
 
 Twenty years later Amanda Lohrey's The Reading Group 
                    was the subject of protracted negotiations after former politician 
                    Terry Aulich claimed he had been defamed as 'The Senator'. 
                    Aulich reportedly received a cash settlement; the novel was 
                    reissued in a revised form.
 
 
  Liberace and Cassandra 
 In 1956 an item in the London Daily Mirror characterised 
                    US celebrity Liberace (1919-1987) in terms that were almost 
                    as camp as the performer. Columnist William Connor (1909-1967) 
                    described the pianist as
  
                    this 
                      deadly, winking, sniggering, snuggling, chromium-plated, 
                      scent-impregnated, luminous, quivering, giggling, fruit-flavoured, 
                      mincing, ice-covered heap of mother-love ...
 He reeks with emetic language that can only make grown men 
                      long for a quiet corner, an aspidistra, a handkerchief, 
                      and the old heave-ho. Without doubt, he is the biggest sentimental 
                      vomit of all time. Slobbering over his mother, winking at 
                      his brother, and counting the cash at every second, this 
                      superb piece of calculating candy-floss has an answer for 
                      every situation.
 
 There must be something wrong with us that our teenagers 
                      longing for sex and our middle aged matrons fed up with 
                      sex alike should fall for such a sugary mountain of jingling 
                      claptrap wrapped up in such a preposterous clown
 As 
                    a performer in pre-Wolfenden Britain Liberace complained that 
                    the words were an imputation of homosexuality. He testified 
                    that he had never engaged in homosexual acts, declaring "I 
                    am against the practice because it offends convention and 
                    it offends society". 
 The jury apparently agreed, awarding £8,000 damages. 
                    It is unclear whether the award was a poke in the eye of 'big 
                    media' or a reflection of the UK public's conflicted ideas 
                    about sexual mores, camp and "boys who want to marry 
                    a gal just like mom".
 
 Liberace, having perjured himself, 
                    boasted "I cried all the way to the bank".
 
 In 2005 singer Robbie Williams won a substantial payment (upwards 
                    of in action against The People and UK magazines 
                    Star and Hot Stars over claims in 2004 that 
                    he lied about his sexual orientation. The publications issued 
                    a public apology as part of the settlement at the High Court. 
                    The People had featured a front page story with the 
                    headline "Robbie's secret gay lover", with the inference 
                    that Williams was dishonest in pretending that his relationships 
                    were restricted to women, whereas he supposedly engaged in 
                    "casual and sordid gay encounters with strangers", 
                    lipsmackingly described by the publications.
 
 Observers commented that in 2005 most people in the UK did 
                    not consider that suggesting someone was gay is defamatory. 
                    Peter Tatchell commented that going to court over an allegation 
                    of homosexuality "implies there is something shameful 
                    about being gay". Stating or implying that the person 
                    is a liar is, however, the basis for legal action. Williams' 
                    lawyers commented he sued because the defamatory items were 
                    about having sex with a stranger in a toilet, rather than 
                    that the supposed sexual act involved another man.
 
 
  Dering and Uris 
 Leon Uris (1924-2003) and publisher Bantam faced defamation 
                    action in 1964 over his novel Exodus. Dr Wadislaw 
                    Dering, a former concentration camp inmate, claimed that he 
                    had been defamed through portrayal as having carried out medical 
                    experiments at Auschwitz on human subjects with callousness 
                    and brutality.
 
 In a Solomonic judgement the court ruled that although the 
                    callousness of Dr Dering might have been exaggerated, he had 
                    betrayed his duty to refuse to participate in medical experiments 
                    that were inherently criminal, irrespective of the way that 
                    they were carried out. In finding that he had been defamed 
                    the court awarded him damages of "the smallest coin in 
                    the realm" - a half penny, as farthings had disappeared 
                    since the time of Ruskin - and awarded costs against him.
 
 Uris recycled the trial in his 1970 novel QB VII.
 
 There was a more unfortunate outcome for Rezso Kasztner, characterised 
                    by Malkiel Grunwald in 1952 as a "collaborator" 
                    over his attempt to rescue people from the Holocaust and criticised 
                    by Israel's Attorney-General in 1955 for having "sold 
                    his soul to satan". Kasztner unsuccessfully sued Grunwald 
                    for defamation over allegations that he had saved only relatives, 
                    neighbours and associates or the rich and powerful, being 
                    vindicated in 1958 after being assassinated in the preceding 
                    year. William Rubinstein commented in 2008 that
 
                    From 
                      our present vantage point, it is difficult to arrive at 
                      any other view but that Kasztner was a man whose wrongful 
                      conviction was as egregious a moral outrage as Alfred Dreyfus's.  
                    His story is recounted in Kasztner's Train (London: 
                    Constable 2008) by Anna Porter and Dealing With Satan: 
                    Rezso Kasztner's Daring Rescue Mission (London: Cape 
                    2008) by Ladislaus Loeb.
 
  Sullivan, Westmoreland and Sharon 
 The landmark Sullivan v New York Times decision by 
                    the US Supreme Court related to action by individuals, including 
                    Montgomery police commissioner L.B. Sullivan, regarding a 
                    civil rights campaign advertisement that had appeared in the 
                    Times. Sullivan and Mayor Earl James, neither of 
                    whom were specifically named in that ad, initially won US$500,000 
                    each in trials in the state court at Montgomery.
 
 The Times successfully appealed to the Supreme Court, 
                    which held in 1964 that - in the absence of malice - the US 
                    Constitution prohibits a public official from recovering damages 
                    for a defamatory falsehood related to his official conduct.  
                    Malice involves publication of a statement "with knowledge 
                    that it was false or with reckless disregard of whether it 
                    was false or not."
 
 The decision was characterised as reflecting a profound national 
                    commitment to the principle that debate on public issues should 
                    be uninhabited, robust, and wide-open, potentially featuring 
                    "vehement, caustic and unpleasantly sharp attacks" 
                    on government and public officials.
 
 Sullivan famously cleared the way for aggressive reporting 
                    of the civil rights and antiwar movements. Questions about 
                    malice featured in litigation by former US Army General William 
                    Westmoreland (1914-2005) against the CBS television network 
                    for US$120 million over the 1982 Uncounted Enemy: A Vietnam 
                    Deception current affairs program that had accused him 
                    of exaggerating American military performance during the Vietnam 
                    war. The protagonists reached a private settlement, after 
                    an 18 week jury trial, in what amounted to a surrender on 
                    both sides. Fighting about Vietnam and its lessons continues 
                    unabated.
 
 In the Sharon case Israeli general (and later Prime Minister) 
                    Ariel Sharon was accused by Time Magazine of plotting 
                    with Sheik Pierre Gemayel (1905-1984) to avenge the death 
                    of his son through action in 1982 by Lebanese Phalangist units 
                    against Palestinian camps at Sabra and Shatila. The court 
                    found that the Time article was both false and defamatory.
 
 
  McCarthy and Hellman 
 US novelist Mary McCarthy (1912-1989), known for the energy 
                    of her literary criticism and disrespect for stalinists among 
                    the New York chattering classes, denounced playwright Lillian 
                    Hellman (1905-1984) in a 1980 television interview with talkshow 
                    host Dick Cavett. Most pithily, in what appears to have been 
                    a rehearsed response, McCarthy said that "every word 
                    she writes is a lie, including 'and' and 'the'".
 
 Hellman, supposedly more in sorrow than in anger, responded 
                    by seeking several million dollars damages. That defamation 
                    suit against McCarthy was dropped after Hellman's death.
 
 McCarthy, who appears to have deliberately provoked the litigation 
                    as a mechanism for exposing Hellman's equivocal relationship 
                    with the truth, commented
  
                    If 
                      someone had told me, don't say anything about Lillian Hellman 
                      because she'll sue you, it wouldn't have stopped me. It 
                      might have spurred me on. I didn't want her to die. I wanted 
                      her to lose in court. I wanted her around for that.   
                    Hellman has since been characterised as "a compulsive 
                    liar" who did not hesitate to threaten legal action against 
                    those with different political views or merely a questioning 
                    attitude to her self promotion and who had blithely appropriated 
                    other people's lives in works such as her 'memoir' Pentimento.
 Hellman might have approved of the controversial Wilfred Burchett 
                    (1911-1983), problematically tagged as "the greatest 
                    journalist Australia has ever produced". In 1974 he sued 
                    senator Jack Kane after the passionately anticommunist MP 
                    identified him in the DLP newsletter Focus, not unreasonably, 
                    as an apologist for Stalinism and - more tendentiously - as 
                    a soviet agent. Amid anxieties about the Vietnam War Burchett 
                    lost the case and was hit with court costs.
 
 The court was apparently influenced by testimony from former 
                    POWs who had encountered Burchett when he visited North Korea 
                    and were unimpressed by his claim that Kim Il Sung's prison 
                    camps were "akin to luxury European health resorts". 
                    It found that Kane had reported claims made by Senator Vince 
                    Gair in the national parliament under parliamentary privilege. 
                    Burchett, with considerable chutzpah, given his stance on 
                    Eastern Bloc political trials, characterised the case as a 
                    show trial and propaganda, complaining of media bias.
 
 
  Buthelezi 
 In 1975 South African news magazine To the Point 
                    claimed that Reverend Manas Buthelezi spoke publicly of the 
                    need for peaceful change but according to "reliable sources" 
                    privately advocated "violence" against the Apartheid 
                    regime, a claim that might have have resulted in Buthelezi's 
                    imprisonment.
 
 He sued the publisher for defamation, demanding the names 
                    of the supposed sources. The court awarded damages to Buthelezi 
                    and during the subsequent 'Information Scandal' it became 
                    apparent that the article had been written by the SA secret 
                    police.
 
 
  Maudling and Maxwell 
 UK former Home Secretary Reginald Maudling (1917-79) sued 
                    the Daily Mirror and Granada Television over accusations 
                    that he had received remunerative directorships from property 
                    speculator John Poulson (along with gifts to a charity closely 
                    associated with Maudling's wife) as a reward for parliamentary 
                    questions and speeches that benefited Poulson. The sting of 
                    those accusations lay in the claim that Maudling should have 
                    declared an interest. Poulson had become notorious for corrupt 
                    payments to local government officials.
 
 Maudling's conduct - defended as seeking "a little pot 
                    of money for my old age" - had been investigated in 1977 
                    by a Select Committee of the House of Commons, which found 
                    no evidence of corruption but criticised him for failing to 
                    declare an interest. Even that criticism was not accepted 
                    by the Tory-controlled House, which merely 'noted' the report. 
                    The ailing Maudling was not expelled from Parliament.
 
 His close involvement with Jerome Hoffman and the Real Estate 
                    Fund of America, a major 'offshore fund' whose collapse was 
                    investigated by his own department, had meanwhile attracted 
                    attention. The Mirror and Granada defended their statements 
                    on the grounds of 'justification', arguing that the accusations 
                    were true despite the finding by the House. Maudling's death 
                    meant that the dispute was not resolved. The 'Poulson Affair' 
                    led to establishment of a Register of Members' Interests in 
                    1975.
 
 Media mogul Robert Maxwell 
                    - now best known for his colourful demise ("crash, splash, 
                    no more Capn Bob") after looting a succession of public 
                    companies - used UK defamation law to chill criticism and 
                    investigation of his activities.
 
 
  Archer and Allason 
 UK Conservative MP Jeffrey Archer won £500,000 in damages 
                    and £700,000 in legal costs from UK tabloid the Daily 
                    Star in 1987 over its accusation that he had paid a prostitute 
                    £2,000 pounds for services and lied about it. In 1999 
                    associate Ted Francis admitted having provided a false alibi 
                    for Lord Archer, who subsequently received a four year jail 
                    sentence for lying about the prostitute and had to pay the 
                    Star £2.7 million (including interest on what 
                    he had received).
 
 Conservative MP Rupert Allason (aka Nigel West) used parliamentary 
                    privilege to attack Maxwell in the House of Commons, referring 
                    to research by US author Seymour Hersh. That provoked retaliation 
                    through an unsigned article in the publisher's Daily Mirror. 
                    Allason sued the publisher. After Maxwell's misdeeds were 
                    officially exposed in 1991, the Mirror reportedly 
                    paid Allason a £230,000 settlement. He subsequently 
                    claimed to have won 17 defamation cases, representing himself.
 
 He had less luck in 1998 when he sued the BBC after a book 
                    based on the Have I Got News for You show stated
  
                    given 
                      Mr Allason's fondness for pursuing libel actions, there 
                      are also excellent legal reasons for not referring to him 
                      as a conniving little shit.  The 
                    judge in that case decided it was "mere abuse" and 
                    found in the BBC's favour, with presenter Angus Deayton thereupon 
                    gleefully repeating the characterisation.
 The Mirror was hit with counterclaims brought by 
                    Hersh and publisher Faber & Faber over articles attacking 
                    them. In 1994 it paid substantial damages and costs.
 
 
 
 
 
 
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