Oriental Press Group v' Next Magazine

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Oriental Press Group v. Next Magazine

• A Case on Libel
• article in magazine accusing newspaper of
  falsely reported and deliberately twisting
  words of legislator
• by Carmen Lam and Maggie Chau

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Background
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Background
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Bringing a Libel Action
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Bringing a Libel Action
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Oriental Press Group v. Next Magazine
Oriental Daily Publisher Limited
Plaintiff
Next Magazine Publishing Limited
1st Defendant
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2nd Defendant
Cheung Kim Hung (editor-in-chief of Next Magazine)
3rd Defendant
Toppan Printing Co. (HK) Limited (printers of
Next Magazine)
4th Defendant
Further found by judge not to be a printer of
Next Magazine article
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Court of First Instance
The action was tried in the High Court by Deputy
Judge Chung without a jury.

• 4-9 Aug 1996, published 12 articles about Chengs
  speech
• Commenced a libel action on Next Magazine's
  article
• falsely reported and/or deliberately twisted

Oriental Daily

• 9 Aug 1996, published an article on Next Magazine
• Defence Justification

Next Magazine
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Court of First Instance

• The article sued upon was defamatory of the
  plaintiff
• Accepted the defence of justification
• Orientals action was dismissed
• Plaintiff appeal

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Court of Appeal
Principal grounds for appeal

• The judge was wrong to ascribe to the word ?

• Falsely reported and/or deliberately twisted ?

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Court of Appeal
In the amended statement of claim, Oriental Daily
stated

• the natural and ordinary meaning of the said
  words meant and were understood to mean that the
  plaintiff
• falsely reported
• deliberately twisted and framed
• with malice? an act of vengeance?

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Court of Appeal
Falsely Reported v. Deliberately Twisted
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Court of Final Appeal

• The Court of Appeal went wrong in law

• Resolved the falsely reported issue rejected
  the falsely reported meaning in favor of the
  deliberately quoted out of context meaning

No sound basis for ordering a new trial.
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Oriental Daily v. Next Magazine
Oriental Press Group v. Next Magazine
Oriental Press Group v. Next Magazine
Actions taken
Court
Courts Rule