ABC failed to act on 2022 legal notice about Heston Russell audio issues

ABC managing director David Anderson has commissioned an independent review into a story published in 2022 about former commando Heston Russell with incorrect audio that went to air, after a legal notice was issued to the broadcaster but was never acted on.

Russell successfully sued the ABC for defamation after it alleged he was involved in the unlawful killing of an Afghan soldier and was awarded $390,000 in damages last year. The story reappeared this week after an episode of Seven’s Spotlight on Sunday aired footage from an ABC online report showing audio of gunfire had been added in over existing footage.

Former Special Forces soldier Heston Russell was awarded $390,000 in his defamation case against the ABC.Credit: Edwina Pickles

That video has been taken down but until last week remained online.

Anderson said in a statement that the ABC’s legal department failed to act, or notify, ABC News that issues were raised at the time about the story, which ran on 7.30 and was published online.

“It has now come to my attention that in November 2022, ABC Legal was sent a letter raising concerns about the audio editing. Regrettably, at no point was this letter, or the information in the letter, disseminated to ABC News,” Anderson said.

While Anderson acknowledges the error, neither he nor the ABC has issued an apology to Russell.

Anderson also said the public interest issues raised by the stories on the 2nd Commando Regiment’s deployment to Afghanistan remained valid.

“I am now commissioning an independent review of the issues that have been raised with the online and broadcast story to fully understand what has occurred and make any necessary recommendations,” he said.

Anderson said he would provide an update soon on who would lead the review.

The ABC’s director of news, Justin Stevens, raised the error issue during a Melbourne Press Club address on Tuesday, however declined to apologise or explain on how the wrong audio ended up over the helmet cam footage, until the facts had been established.

Legal representatives for Russell were contacted, but had not responded at the time of publishing.

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