Court rules that The Australian Financial Review defamed PNG minister

Nine Entertainment must pay PNG minister William Duma more than half a million dollars in damages after publishing many stories that ran a ‘false narrative’.

Papua New Guinea politician William Duma.

Nine Entertainment’s business publication The Australian Fin­ancial Review must pay Papua New Guinea politician William Duma more than $500,000 in damages after publishing a series of articles about him that ran a “false narrative”.

On Tuesday, Federal Court judge Anna Katzmann concluded that the AFR published numerous reports in 2020 by reporters Angus Grigg and Jemima Whyte that implied Mr Duma, now PNG’s state enterprises minister, behaved corruptly in the handling of petroleum licences when he was petroleum and energy minister from 2007 until 2014.

In her judgment she said the reporters “did not accurately report the contents of many upon which they relied” and “did not always check facts”.

Justice Katzmann also said the articles made false claims that Mr Duma accepted a bribe from Horizon Oil in his role as minister, conspired with a lawyer to use a shell company as a vehicle for the payment of bribes and behaved corruptly in 2017 in relation to efforts to relocate a naval base.

She determined that Mr Duma was “entitled to aggravated damages” totalling $545,000 and that the respondents pay his costs.

She said the two journalists, including Grigg, who now works for ABC’s Four Corners program, “held themselves out to be experienced and responsible journalists … They were writing for a serious publication engaged in the business of providing information to the public and publishing matters is part of its ordinary and legitimate course of business,” she said.

“The defamatory imputations are extremely serious. In these circumstances the respondents were required to take particular care to ensure the facts were accurately reported.

“The evidence disclosed that they did no such thing. The articles were replete with errors and misrepresentations.”

Justice Katzmann also said the reporters “did not take care to distinguish between suspicions, allegations and proven facts”.

“In several instances, and contrary to what was pleaded in the defence, the journalists testified they did not believe that what they had written in the matters complained of was true.

“In some instances, one or both of them conceded that statements they had made in the articles were not true.”

On Tuesday, Mr Duma said he was “satisfied” and “happy with the court’s findings”.

“I had some of the worst nightmares anyone could have, especially given my job as a politician where people tend to look up to me” he said.

“The allegations were made one or two years before our elections and I had those allegations hanging over me.”

In a statement, AFR editor in chief Michael Stutchbury said: “We are extremely disappointed … The investigation raised serious, legitimate questions about political machinations and governance in PNG.

“This case again highlights how Australia’s defamation laws pose a significant threat to public interest journalism.

“The AFR stands by its journalists,” Stutchbury said.

“We will not be deterred from pursuing challenging journalism that informs the community and holds power to account.”

Whyte is the heir to her ­father, Robert Whyte, a former associate of the Packer family.