Defamation can it be a joke

Various decisions in have indicated a distinction between what passes as satire or humour and what is considered by the courts to be defamation.

An article recently posted to Mondaq by Middletons points to the 2008 decision in which Elton John unsuccessfully sued the UK Guardian newspaper for defamation arising from a spoof article claiming to be an extract from the singer's personal diary and compares it to the recent decision in South Australia involving Australian comedian Mick Molloy and the Channel 10 show Before the Game. The Elton John claim was successfully defended the basis that the spoof article was satire and everyone was aware it was not real. On the other hand recently, comedian Mick Molloy learned the hard way that not all jokes will avoid being defamatory a distinction being drawn from the surrounding context of the programme and the fact that in this case there was not a clear view that the comment complained of was untrue or intended as humour. The article provides a good briefing on the South Australian Supreme Court case.

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