A JUDGE has tossed out a defamation suit brought by a businessman shown being chased through Manhattan by comedian Sacha Baron Cohen in the movie Borat.

The 2006 hit, starring Cohen as a crass Kazakhstan journalist, can be deemed "newsworthy" defined in its most liberal and far-reaching terms, Judge Loretta A Preska said.

New York law provides limited protection for any person whose image is used for advertising or trade purposes without consent, she said.

The nonconsensual use of a person's image to depict newsworthy events or matters of public interest is exempt from the law, she said.

The lawsuit had sought unspecified damages from the movie's producer, 20th Century Fox, for Jeffrey Lemerond, who claimed he was humiliated when he was shown running and yelling "Go away!" as Borat chased him in an attempt to hug strangers.

The judge said the movie "employs the most childish and vulgar" humour but also attempted an ironic commentary.

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