Advise balcairn whether he can bring an action in defamation

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Reference no: EM133479253

Problem

Agatha Runcible is a freelance writer for News of the Whirled, an online news website owned and managed by Lord Monomark. Agatha authors the Mr Chatterbox section of the online publication. On 15 May 2023, Agatha wrote an article for the Mr Chatterbox about Adam Fenwick-Symes, a Perth-based fraudster, talking about how his money came from running long cons (deception-based frauds) in a downtown speakeasy-style nightclub. She quickly grabbed a photo off the internet after searching for Adam Fenwick-Symes. The photo is actually a picture of Simon Balcairn, however they do look somewhat similar. Agatha's article goes live on the internet with the headline reading 'Crook reveals Fraud Fortune' with a photo of Simon Balcairn just underneath it. Balcairn is furious and wants to sue Agatha.

Task

Advise Balcairn whether he can bring an action in defamation in Western Australia against News of the Whirled and whether News of the Whirled would have any successful defence to such an action for innocent dissemination under Section 32 of the Defamation Act 2005 (WA).

Reference no: EM133479253

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