ABC defamation costs exceed $1.9 million over three years
The costs associated with the public broadcaster’s various defamation suits have been revealed in documents tendered to the Senate.
The ABC has spent nearly $2 million fighting, settling and litigating defamation lawsuits over the past three years, documents tendered to the Senate have revealed.
The public broadcaster has spent more than $700,000 settling various defamation disputes, and an additional $1.8 million on litigating cases and external legal fees, according to figures provided to parliament by the ABC, following questions on notice during the last Senate Estimates round.
The figures were limited to reporting periods that saw the ABC involved in three or more defamation settlements, and reached back to the 2019-20 financial year.
In the 2020-21 financial year, the ABC spend $339,450 on defamation settlements and a further $871,088 on external legal costs including litigation. The following year, the broadcaster spent $414,000 on defamation settlement, plus $315,626 on total external costs.
The revelations come as the ABC fight ex-commando Heston Russell in a mammoth defamation suit in the Federal Court.
Mr Russell is asking for the ABC to remove the two offending articles – which he claims implied he was complicit in the execution of an Afghan prisoner – pay aggravated damages on top of court costs, and orders stopping them from repeating the allegations. The Australian understands the legal costs associated with the case have already exceeded $1 million.
The ABC is also being sued by former political staffer Bruce Lehrmann over claims the broadcaster aired a National Press Club showcasing alleged rape victim Brittany Higgins and former Australian of the Year Grace Tame with “an improper motive” to prejudice upcoming criminal proceedings against him.
On 9 February 2022, the ABC broadcast the Press Club speech after the club promoted the sale of tickets to the event referring to Ms Higgins’ decision to “publicly allege she was raped by a colleague inside Parliament House”.
Although the speech did not name him, Mr Lehrmann was identifiable from what was said, having been named in multiple media reports after being charged with sexual intercourse without consent in August 2021, according to his lawyers.
In response to a question on notice regarding legal training provided to ABC journalists, managing director David Anderson said: “All journalists are expected to complete legal training each year which includes sub-judice contempt.”
“The Australian Broadcasting Corporation’s (ABC) Legal team (ABC Legal) runs a media law fundamentals session (including contempt) once a month, and a session providing advice on reporting on criminal matters, presently around once every six months. Legal guidance materials are available to journalists reporting on criminal investigations,” he said.
“In addition to the legal guidance materials, the on-call legal prepublication service provides crucial real-time advice to journalists and is available 24 hours per day.”
More Coverage
Nine boss confirms multiple ‘investigations’ under way
Acting CEO Matt Stanton has revealed its been a ‘tough couple of days’ amid findings of extensive misconduct including sexual harassment and bullying at the business.
Integration the key as customers seek holistic approach: Droga
Accenture Song’s global chief David Droga tells The Growth Agenda about his plan to engage the c-suite with a holistic integrated customer-focused vision.