AAP General News (Australia)
04-11-2006
NSW: Seven program defamed radio host Sandilands: jury
By Amy Fallon
SYDNEY, April 11 AAP - A Seven Network expose on the manipulation of Australia's music
charts defamed radio host Kyle Sandilands by suggesting he dishonestly plugged his girlfriend's
music, a jury has found.
Sandilands, who co-hosts the morning breakfast show on Sydney's 2Day FM and was a judge
on the Ten Network's 2005 Australian Idol series, is claiming damages, interest and costs
over the Today Tonight promotional material and investigation.
The promotional material ran over a four-day period from July 29, 2005 while the investigation
itself aired on August 1.
Sandilands warned Seven he would take legal action if the investigation went to air.
A four-member NSW Supreme Court jury today took just under an hour to decide that Sandilands
had been defamed by imputations conveyed in the Today Tonight segment.
These were the suggestions that Sandilands had "engaged in rorts" in the industry,
and by "promoting" the music of his girlfriend, singer Tamara Jaber, had behaved "dishonestly".
The all-male jury also found that Sandilands had been defamed by the imputation that
he was a "liar" because he had falsely denied that he had input into the play list of
the Austereo Network's radio stations.
During the one-day hearing, Sandilands's counsel, Bruce McClintock SC, told the jury
the segment was an "expose" into the "rorts and wheeling and dealing" in the billion-dollar
Australian music industry, focusing on how DJs and managers "cook the charts".
The jury was twice shown a video of Seven's investigation that branded Sandilands as
"the Idol host and radio DJ who plays and promotes his live-in girlfriend".
Seven, in its broadcast, claimed Jaber's debut single, Ooh Aah, had been labelled a
"stinker" by some radio networks but had been played repeatedly on Austereo Network stations,
including 2Day FM.
"The whole flavour of this program is about dishonesty," Mr McClintock told the court.
But counsel for Seven, Tom Hughes QC, accused Mr McClintock of taking the jury on a
"journey into fantasy land".
"The ordinary reasonable viewer does not rush to judgment," Mr Hughes said.
He said the ordinary reasonable viewer would be subject to "conversational interruptions"
while watching the program, which could diminish their capacity to "pick up nuances of
meaning".
Seven will now have a chance to argue its defences in the case.
If the network is unsuccessful, a judge will decide whether Sandilands receives damages.
Sandilands was present for today's hearing, but left before the verdict was reached.
A spokesman for the Austereo Network said he could not comment on the matter.
AAP af/hn/jm/tnf
KEYWORD: SANDILANDS NIGHTLEAD (FILE PIX AVAILABLE)
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