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Sam Newman sues Channel 9 for defamation in Federal Court

He’s one of our most outspoken and controversial TV stars but Sam Newman now claims he’s the victim of defamation and has sensationally launched court action against his former employer — here’s why.

Eddie McGuire and Sam Newman on the Grand Final Footy Show. Picture: Channel 9
Eddie McGuire and Sam Newman on the Grand Final Footy Show. Picture: Channel 9

Sam Newman has launched legal action against award-winning photographer, Wayne Ludbey and four media organisations including his long-term employer Channel 9, claiming he was defamed in online articles about the famous Nicky Winmar ‘jumper lift’.

Documents have been filed on behalf of Newman and fellow AFL great Don Scott in the Federal Court of Australia claiming they suffered reputational damage from interviews Mr Ludbey gave to the DailyMail.com Australia and ESPN.com.au earlier this year.

Nicky Winmar and Wayne Ludbey. Picture: Jake Nowakowski
Nicky Winmar and Wayne Ludbey. Picture: Jake Nowakowski

The comments were republished in stories on the Verizon Media Australia website Yahoo and Nine Entertainment Co’s website nine.com.au

Mr Ludbey’s comments centred on why he believed Newman and Scott questioned the motivation behind St Kilda footballer Nicky Winmar’s famous ‘jumper lift’ at the end of a match against Collingwood in 1993.

The conversation between Newman, Scott and Mike Sheahan took place on the You Cannot Be Serious podcast and was the subject of legal action by Winmar in July.

He won an apology from the trio along with a rumoured $100,000 donation to the Michael Long Foundation.

Sheahan has since left the podcast and is not part of the defamation action.

Sam Newman claims he has suffered damage to his reputation. Picture: Jake Nowakowski
Sam Newman claims he has suffered damage to his reputation. Picture: Jake Nowakowski

In a statement of claim filed to the court the pair, who host the You Cannot Be Serious podcast, are described as “well-known and highly decorated former professional Australian rules football players” who “each had long and distinguished careers in the media” and “prior to the publications which are the subject of this statement of claim, enjoyed good reputations throughout Australia.”

In the statement of claim it is argued Mr Ludbey’s comments in the ESPN.com.au story were defamatory as they implied Newman and Scott were “reprehensible people, in that they use their podcast to strategically racially vilify Aboriginal and Torres Strait Islander people in order to make money for themselves,” and that they were “bullies, in that they use their podcast to strategically racially vilify Aboriginal and Torres Strait Islander people because they believe they are too vulnerable to fightback.”

Nicky Winmar lifts his jumper to Collingwood supporters at Victoria Park in 1993. Picture: John Feder
Nicky Winmar lifts his jumper to Collingwood supporters at Victoria Park in 1993. Picture: John Feder

The statement of claim argues Mr Ludbey’s comments in the Daily Mail Australia article were defamatory as they suggested Newman and Scott “used their podcast to launch a calculated racial attack on Nicky Winmar’s race and heritage” in the belief he could not “fight back.”

Newman’s lawyers sent letters to the Daily Mail Australia, Channel 9, Verizon (Yahoo) and ESPN.com.au on September 11, 2020 asking that the stories be removed from their websites and requested an apology.

In court documents it is claimed Newman and Scott’s reputations have been lowered in the estimation of right thinking members of society and they have been humiliated, embarrassed, and held up to hatred, ridicule and contempt, and suffered loss and damage.

They are seeking damages and asking that the articles be removed from the various websites.

Newman and Scott are being represented by the firm Mills Oakley in the action.

fiona.byrne@news.com.au

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Original URL: https://www.heraldsun.com.au/truecrimeaustralia/police-courts/sam-newman-sues-channel-9-for-defamation-in-federal-court/news-story/30d7a514ebcc581d7c002b611cdc18cc