Category Archives: Defamation law

Bruce Lehrmann told employer ‘false allegations’ had not hurt his ability to lobby effectively, documents show

Posted on by

List of ‘friendly’ journalists and other media personalities Lehrmann was ‘outraged’ at also among evidence submitted to the court

The former Liberal staffer Bruce Lehrmann told the tobacco giant he lobbied for that the public revelation of rape allegations against him had “not hindered the relations within my political network” and said he was still able to influence federal policy to “further the business financially”, documents show.

New documents filed in Lehrmann’s defamation case against News Corp, Network Ten, Lisa Wilkinson and Samantha Maiden reveal Lehrmann’s correspondence with British American Tobacco Australia, his then employer, in the days and months after Brittany Higgins’ allegations were first made public in February 2021.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Continue reading...

Bruce Lehrmann to argue defamation proceedings delayed by legal advice, mental health and court case

Posted on by

Lehrmann is suing Network Ten and News Corp, and reporters Lisa Wilkinson and Samantha Maiden, for defamation outside the usual 12-month time limit

Bruce Lehrmann will argue he was delayed in launching defamation proceedings against Network Ten and News Corp because of his mental health, the high-profile criminal case against him and due to prior legal advice, a court has heard.

Lehrmann is suing the two media outlets and reporters Lisa Wilkinson and Samantha Maiden in the federal court, alleging he was defamed in stories reporting Brittany Higgins’ allegations of rape in February 2021.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Continue reading...

Gibraltar’s chief minister threatens top rights lawyers with defamation

Posted on by

Lawyers call for apology and withdrawal of threats made during inquiry into alleged government corruption

Two leading London-based human rights lawyers have been threatened with defamation proceedings for making submissions on behalf of their client, in a highly unusual development.

The threat was made by lawyers representing the Gibraltar government and senior ministers, including the chief minister, Fabian Picardo, at an inquiry exploring alleged corruption at the top of the British overseas territory’s administration.

Continue reading...

UK government ‘let lawyers bypass sanctions’ to help Putin ally sue journalist

Posted on by

Documents seen by Open Democracy show UK firm got approval to engage with Wagner group founder Yevgeny Prigozhin

British lawyers were given government dispensation to bypass sanctions in order to help Yevgeny Prigozhin, the controversial Russian businessman and Wagner group founder, sue a journalist, according to documents made available to the website Open Democracy.

The documents concern a libel case brought by Prigozhin against Eliot Higgins, the founder of the investigative group Bellingcat, in 2021. The revelations will raise further questions about the abuse of UK libel law by the super-rich.

Continue reading...

Defamation reforms: Australian media may not be liable for Facebook comments in future

Posted on by

Attorneys general give in-principle support to changes including new innocent dissemination defence for intermediaries

Australian media companies may avoid liability for defamatory third-party comments on their social media posts if reforms supported by the nation’s attorneys general become law.

The Standing Council of Attorneys General has given in-principle support to reforms to modernise the nation’s defamation laws relating to search engines and social media platforms.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Continue reading...

ABC article defamed commando by naming him and running ‘huge colour photo’, court told

Posted on by

Heston Russell’s lawyer tells federal court readers were given ‘impression’ he was responsible for shooting an unarmed prisoner in Afghanistan

Lawyers for a former special forces officer have argued an ABC article portrayed him as a war criminal, despite not directly alleging he had committed crimes.

Heston Russell is suing the ABC and two of its investigative journalists over stories published in 2020 and 2021 which he argues gave readers the “impression” he was responsible for shooting an unarmed prisoner and was being investigated.

Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup

Continue reading...

Peter Dutton’s defamation case against refugee activist Shane Bazzi ends with resolution

Posted on by

Bazzi will not face prospect of high court overturning earlier win and Dutton will not pay hundreds of thousands of dollars in costs

Peter Dutton’s defamation case against Shane Bazzi has come to an end, with the Liberal leader dropping his attempted high court appeal and the refugee activist ceasing a bid for costs.

Bazzi’s lawyers, O’Brien Criminal & Civil Solicitors, revealed the pair had reached a resolution with final orders made by the full federal court on Monday.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Daily Mail Australia to appeal Erin Molan’s win in defamation case over racism accusations

Posted on by

Notice of appeal lodged in federal court says $150,000 in damages paid to Sky News broadcaster is ‘manifestly excessive’

The Daily Mail Australia is appealing a defamation win by Sky News broadcaster Erin Molan, who was awarded $150,000 over an article and two tweets that accused her of appearing to mock Polynesian names in a radio broadcast.

Molan told the federal court last year she did not think she was mocking Polynesian names when she said “hooka looka mooka hooka fooka” on Radio 2GB in 2020.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Clive Palmer ordered to pay part of Mark McGowan’s legal costs after defamation battle

Posted on by

Billionaire’s costs will not similarly be paid by WA premier, as judge finds ‘asymmetry of responsibility’ for ‘long and costly’ case

Clive Palmer has been ordered to pay part of Mark McGowan’s legal costs while the Western Australian premier will pay none of the billionaire’s, despite the federal court finding they both defamed each other.

On Thursday, Justice Michael Lee found there was an “asymmetry of responsibility” for the “long and costly” hearing of the case, because Palmer launched proceedings but only McGowan “was willing to draw back” by offering to drop the case in December 2021.

Continue reading...

Wagatha Christie: big-budget drama joins race to bring libel trial to screen

Posted on by

Poldark creator among writers and film-makers lining up to reconstruct spat between Rebekah Vardy and Coleen Rooney

A big-budget drama featuring major characters in the Wagatha Christie case is to join the slew of documentaries already in production, as the race to bring to the small screen the rancorous details of the high court battle that ended on Friday hots up.

The row between two high-profile footballers’ wives, which ended last week when the judge ruled in favour of Coleen Rooney, is to be turned into television serial by one of Britain’s leading screenwriters. Debbie Horsfield, who adapted Poldark for the 2015-19 BBC series, is to write a drama chronicling the notorious public row between Rebekah Vardy, wife of leading Leicester goal scorer Jamie Vardy, and Coleen Rooney, wife of Wayne, the renowned former England player and, until last month, manager of Derby County.

Continue reading...

Ben Roberts-Smith’s year-long defamation trial against three newspapers concludes

Posted on by

Ex-soldier’s barrister tells court that reporters ‘jumped on rumours’, while newspapers’ counsel alleges Roberts-Smith ‘prepared to lie under oath’

Ben Roberts-Smith’s long-running defamation case has concluded in Sydney, with his barrister telling the court the decorated former soldier was the victim of a “war of words” from jealous comrades intent on tearing down his reputation.

After more than 100 days of evidence, 42 witnesses from around the world, hundreds of exhibits, and thousands of pages of transcripts, the year-long trial ended with closing submissions from legal teams Wednesday morning.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Evidence of Afghan witnesses against Ben Roberts-Smith ‘hardly neutral’, lawyer tells court

Posted on by

Lawyers for Ben Roberts-Smith urge court to disregard evidence of Afghan witnesses, saying the men were prejudiced against Australian soldiers

Lawyers for Ben Roberts-Smith have urged the court hearing a defamation trial to reject the testimony of three Afghan men who gave evidence against the Australian soldier in his defamation trial, saying they regarded foreign troops as “infidels” and gave “inconsistent and contradictory” evidence.

“To say they are credible is incredible,” Roberts-Smith’s barrister, Arthur Moses SC, told the federal court in closing submissions in the former soldier’s long-running defamation action.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Ben Roberts-Smith’s defamation trial hears Australian SAS soldiers ‘turned a blind eye’ to alleged war crimes

Posted on by

In closing submissions, newspapers’ lawyer accuses several of Roberts-Smith’s witnesses of ‘outright dishonesty’

A powerful omertà within Australia’s SAS caused soldiers to “turn a blind eye to the most despicable and egregious breaches of the laws of war”, Ben Roberts-Smith’s long-running defamation trial has heard.

On the second day of closing submissions, Nicholas Owens SC, acting for the newspapers being sued by Roberts-Smith, said witnesses, including those called by the newspapers, were reluctant to report alleged war crimes because of a “pervasive culture” that forced new soldiers in particular to “toe the line” of the regiment’s culture.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

PRGuy unmasks himself in video with Friendlyjordies after legal threat by Avi Yemini

Posted on by

Jeremy Maluta reveals he is behind pro-Labor Twitter account PRGuy17 but says he has no media experience or connection to Daniel Andrews

The man behind the formerly anonymous pro-Labor Twitter account PRGuy17 has unmasked himself, after far-right figure Avi Yemini attempted to use the courts to reveal whether the account had ties to the Victorian premier, Daniel Andrews.

Jeremy Maluta told YouTuber Friendlyjordies in a video released on Friday that he has no PR or social media experience, works in an industry completely unrelated to politics or the media, and has no connections to Andrews.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Peter Dutton asks high court for permission to appeal against defamation case loss to Shane Bazzi

Posted on by

Liberal leader says refugee advocate’s May win in full federal court was a ‘miscarriage of justice’ and applies for special leave to appeal

Peter Dutton has sought leave to appeal in the high court against his loss in the defamation case he brought against Shane Bazzi, questioning whether there had been a “miscarriage of justice”.

The Liberal party leader has filed an application for special leave to appeal against his loss in the full federal court, arguing that the appeal court erred by finding Bazzi’s tweet “Peter Dutton is a rape apologist” did not convey the defamatory meaning that he “excused rape”.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Libel loss for Arron Banks gives welcome fillip to media industry

Posted on by

Analysis: Ruling bucks trend for wealthy individuals to suppress public interest reporting via courts

The decision by a high court judge to dismiss a libel claim brought against the Observer and Guardian journalist Carole Cadwalladr by the multimillionaire Brexit backer Arron Banks is a timely shot in the arm for public interest journalism.

Concerns have long been mounting that the legal landscape in England and Wales places excessive restrictions on reporting, with London – where the high court is situated – often described as the libel capital of the world.

Continue reading...

Australian defamation law never needed Morrison’s ‘anti-trolling’ legislation

Posted on by

Experts say rulings in actions involving John Barilaro and PRGuy17 demonstrate existing law already achieves aims of former government’s proposed changes

Two rulings in separate defamation cases – one involving John Barilaro, and the other targeting a pro-Labor Twitter account – show how Australia’s current laws already allow victims of online abuse to take their fight to court and win.

Google last week was ordered to pay Barilaro, the former New South Wales deputy premier, more than $700,000 over a series of “racist” and “abusive” videos published on YouTube channel Friendlyjordies.

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Defamation trial hears ‘malicious’ text message Pauline Hanson sent former senator’s wife

Posted on by

Brian Burston, who represented One Nation from 2016 to 2018, is suing his former leader for what he says were accusations of sexual harassment against him

Pauline Hanson sent a “spiteful” and “malicious” text message to the wife of former One Nation senator Brian Burston claiming that he considered her to be an “old bag” and was “infatuated” with one of his staff members, a court has heard.

A defamation trial brought by Burston against Hanson began in the federal court on Monday over a series of what he argues are allegations of sexual harassment made against him on social media, in interviews and in a text to his wife, Rosalyn.

Sign up to receive an email with the top stories from Guardian Australia every morning Sign up to receive the top stories from Guardian Australia every morning

Continue reading...

Friendlyjordies: John Barilaro to be paid $715,000 by Google over YouTube videos

Posted on by

Tech giant and comedian Jordan Shanks may face contempt of court charges over videos published during trial

Google has been ordered to pay former New South Wales deputy premier John Barilaro more than $700,000 over a series of “racist” and “abusive” videos published on YouTube channel Friendlyjordies.

On Monday, federal court justice Stephen Rares ruled that Barilaro had been left “traumatised” by a campaign of “relentless cyberbullying” by comedian Jordan Shanks, who uses the nom de plume Friendlyjordies

Sign up to receive an email with the top stories from Guardian Australia every morning

Continue reading...

Ben Roberts-Smith’s defamation trial hears conflicting evidence over Afghan deaths

Posted on by

Troops who were present at Whiskey 108 compound split over whether two men shot dead were murdered or were insurgents killed lawfully

The tunnel at Whiskey 108 – and whether there were any people hiding in it – continues to dominate and divide the Ben Roberts-Smith defamation trial, with an SAS soldier accusing a comrade of cowardice over a raid on the compound in the Afghan village of Kakarak.

At issue is whether two men killed in the compound in April 2009, were pulled from the tunnel and murdered by Australian troops, or were insurgents lawfully killed in a firefight.

Continue reading...