The plaintiff, a witness in a sexual assault re-trial, sued a newspaper and its reporter for negligence after her identity was published in breach of a court-ordered publication ban.
The court found that while breach of a publication ban does not automatically result in civil liability, the newspaper owed a duty of care to the plaintiff.
The reporter breached the standard of care of a reasonably prudent journalist by failing to verify the scope of the publication ban.
The court concluded that the publication caused the plaintiff to suffer compensable psychological injury, including social anxiety disorder and agoraphobia, and awarded $40,000 in general damages against the newspaper.
The action against the reporter personally was dismissed on consent.