Defamation nation
Two of the most high-profile Australian lawsuits in the last 12 months have been defamation cases — and both were won by the media. But lawyers caution there are still problems with our defamation laws.
Bruce Lehrmann's loss this week in his legal battle against Network Ten and Lisa Wilkinson was the second successive victory for a high-profile media defendant in a defamation case that captivated the nation's legal and journalism elite.
Lerhmann's loss, and Ten's win, come less than a year after the country's most decorated living soldier Ben Roberts-Smith also lost his defamation action against Nine newspapers over a series of reports that alleged he was a war criminal (a decision he is appealing).
The two judgements were huge wins for public interest journalism in a country considered one of the global capitals for defamation action, and where there is a long held perception that laws are stacked against media companies and in favour of plaintiffs.
Marque Lawyers' managing partner Michael Bradley, who last year acted for publisher Crikey against a defamation claim from billionaire media mogul Lachlan Murdoch that was dropped after a settlement, says plaintiffs may now have less confidence in bringing similar cases to court.
