The media could be forced into 'defensive journalism' unless the Court of Final Appeal reviewed a defamation case where fair comment was rejected as a defence, a lawyer said yesterday. But Robert Tang SC failed to persuade the Court of Appeal to allow the case to go to the highest court. Mr Justices Benjamin Liu Tsz-ming, Arthur Leong Shiu-chung and Wally Yeung Chun-kuen last December overturned a lower court's decision and ordered television presenter Claudia Mo Man-ching and RTHK Director of Broadcasting Cheung Man-yee to pay $80,000 in damages to Eastern Express Publisher Ltd and the Oriental Press Group. The judges ruled that it was not fair comment for Ms Mo to say on the Media Watch programme of March 11, 1995, that the newspaper group threatened to sue 'every time' it was mentioned. Mr Tang, representing Ms Mo and Ms Cheung, said in yesterday's submission: 'A free society relies on a free flow of information. People should be free to express their views without having to look over their shoulders to see whether they will be sued. 'In this case, it is important that the Court of Final Appeal should have the opportunity to deal with this matter so people know where they stand. 'The outcome of this case could lead to the practice of 'defensive journalism' in Hong Kong. 'Such a practice, if developed, would be very detrimental to the freedom of speech and writing, which is of vital importance to the rule of law on which we depend for our personal freedom.' But the same three judges were not persuaded yesterday and rejected the bid for leave to apply to the Court of Final Appeal. They said they did not consider the case gave rise to a matter of great, general and public importance which should be dealt with by the highest court.
