2023 might need been one of many greatest years in defamation legislation historical past, and never solely due to Ben Roberts-Smith’s bombshell loss towards the 9 newspapers or the continued Bruce Lehrmann trial towards Community 10. The previous yr introduced with it quite a lot of adjustments to Australia’s defamation legal guidelines, as a part of a raft of reformation updates within the 2020s designed to make the legislation extra workable within the fashionable age.
In 2024, nevertheless, there are simply as many circumstances and adjustments set for the defamation courts.
The most important change that can come into impact addresses digital intermediaries, introducing a brand new harmless dissemination defence for actors akin to serps, topic to a complaints course of. Director of the Media and Communications Regulation Analysis Community, Affiliate Professor Jason Bosland, advised the Regulation Society Journal final yr that the present defence of dissemination doesn’t at present “adequately steadiness freedom of expression with the correct to popularity”.
Final yr, presumably essentially the most vital defamation case in Australian historical past reached, at the very least quickly, its conclusion. In June, Justice Anthony Besanko discovered to a civil normal that the 9 newspapers had proved Ben Roberts-Smith VC, MG, Australia’s most embellished residing soldier, was complicit within the homicide of 4 unarmed civilians whereas serving within the SAS in Afghanistan, in addition to within the bullying and threatening of fellow troopers. Journalists Nick McKenzie and Chris Masters had been honoured on the 2023 Walkley Awards for his or her reporting, with a brand new grant established of their names.
Roberts-Smith denies all wrongdoing and is interesting the choice on the grounds of reality. Roberts-Smith’s attraction submitting claims Besanko erred to find he executed EKIA 57 at Whiskey 108, that he kicked an Afghan man named Ali Jan off a cliff earlier than murdering him, in addition to that Besanko erred in making his findings regarding contextual reality.
The case is about to be heard by the complete bench of the Federal Courtroom and is about down for February 5.
Lehrmann vs Community 10
The trial between Bruce Lehrmann and Community 10 will come to its conclusion in 2024, at the very least in the intervening time. Lehrmann rose to nationwide prominence in November 2021 after being accused of allegedly raping his former colleague, Liberal staffer Brittany Higgins, in Parliament Home in 2019. Higgins would later give interviews with Information Corp’s Samantha Maiden and Community 10’s Lisa Wilkinson, in addition to handle the Nationwide Press Membership in a speech televised by the ABC.
In April 2023, Lehrmann, who denies all wrongdoing, sued Wilkinson and Community 10, in addition to Information Corp, Maiden and the ABC for defamation, later settling with Information Corp and the ABC.
The trial concluded in late 2023, with closing written submissions made by Lehrmann’s attorneys stating that his “proof was in quite a lot of respects unsatisfactory”, however that he ought to nonetheless obtain “substantial damages”.
“Findings that Mr Lehrmann was on events dishonest … are a critical matter which replicate poorly on him,” the submissions from attorneys Steven Whybrow and Matthew Richardson learn.
“However they’re a really completely different factor from the allegation that he raped a younger lady, and it can not severely be advised that such findings would imply that the publication of the rape allegation, on nationwide tv, precipitated no or little actual injury to his true popularity.”
The trial is subsequent set for February 13.
Al Muderis vs 9
Outstanding prosthetic surgeon Dr Munjed Al Muderis will see his case proceed towards 9, claiming they defamed him as a negligent surgeon who pressured his sufferers into procedures after a 60 Minutes episode and articles within the 9 papers ran in September 2022.
One surgeon featured within the publications by Age investigative journalist Charlotte Grieve claimed Al Muderis carried out surgical procedure on a psychotic homeless affected person, who was discovered 72 hours post-operation strolling round a practice station on an contaminated stump.
Al Muderis got here to nationwide prominence a decade in the past after releasing a guide about his experiences fleeing Saddam Hussein’s Iraq as a first-year resident after refusing decrees to amputate the ears of draft evaders in 1999. Coming to Australia by boat as a refugee, his profession in medication in Australia has led to him changing into generally known as one of many world’s main practitioners of osseointegration surgical procedure — the insertion of prosthetic implants instantly into bones.
The case returns to the courts on February 5.
Latham vs Greenwich
The continuing defamation battle between former NSW One Nation chief Mark Latham and unbiased Sydney MP Alex Greenwich may also proceed this yr.
Greenwich is suing Latham for defamation over a tweet posted in March 2023, in addition to remarks made to The Each day Telegraph in April.
Greenwich alleges the tweet suggests he’s not match for public workplace “as a result of he engages in disgusting sexual actions”, and that the Telegraph remarks recommend he’s “a disgusting human being who goes to colleges to groom kids to turn into gay”.
Latham denies that these imputations are made out, and will likely be counting on quite a lot of defences, together with the brand new threshold launched final yr for critical hurt that was launched usually to mitigate trivial defamation claims. Latham may also search to depend on a public curiosity defence for the feedback made in The Each day Telegraph.
The case, which won’t be held earlier than a jury, is about down for some level in 2024 after mediation makes an attempt failed.
