Sarah Henderson blasts ABC over defence of Louise Milligan’s Andrew Laming tweets

Former ABC presenter, senator Sarah Henderson lashes the move to fund the case, which was launched over a series of tweets.

ABC journalist Louise Milligan. Picture: AAP

Former ABC presenter and Liberal senator Sarah Henderson said the public broadcaster’s decision to fund a defamation case against investigative reporter Louise Milligan over a series of tweets she made about federal MP Andrew Laming highlights the organisation’s “woefully inadequate” social media policy.

The ABC last week confirmed it will pay the legal costs to defend the Four Corners investigative reporter after embattled Liberal MP Andrew Laming launched defamation action against her.

In court documents, Mr Laming claimed Milligan’s tweets about him “irrevocably” damaged his “personal and professional reputation”.

The tweets related to him being accused of taking a photo of 29-year-old Crystal White bending over while working in a Brisbane landscaping business in 2019.

Milligan referred to Laming allegedly taking a photo of a woman’s underwear under her skirt.

A formal complaint was made by Ms White to Queensland Police but they determined there was “no evidence to indicate a criminal offence”.

Senator Henderson, who worked at the ABC in the 1990s, said the public broadcaster had “failed to implement a coherent social media policy”.

“The decision to fund Ms Milligan’s legal costs is discretionary, without any known criteria … it suggests that the ABC is prepared to treat Four Corners’ journalists more favourably than others,” she told The Australian.

“I can’t imagine a news reporter in Melbourne or a cadet journalist in regional Queensland receiving the same benefit.”

Former ABC presenter, Senator Sarah Henderson.

Federal MP Andrew Laming.

She said Australian taxpayers needed to be informed if the public broadcaster “will pay any damages against Ms Milligan, should that occur”.

The decision to fund Milligan’s legal defence comes despite the ABC’s managing director David Anderson stating at Senate estimates in May: “We are not editorially responsible for what our staff do on their personal social media.

“What we do have is a code of conduct that expects certain behaviour from these people on what is their social media.”

The ABC has an internal legal team of at least 28 lawyers however Milligan is being represented by external lawyers from Sydney-based legal firm, Bird & Bird.

An ABC spokesman said when there are legal proceedings against a staff member they take into account “all relevant circumstances on a case-by-case basis to determine what support will be provided”.

The ABC confirmed Milligan is the only staff member who has had legal action taken against them in relation to social media activity since the ABC made it clear about the broadcaster’s updated code of conduct on February 12.

The ABC’s social media policy states that a “worker’s risk level is largely determined by their role within the ABC, their proximity to editorial content, and their public profile and recognition as an ABC worker”.

In 2020 the BBC issued new guidelines in relation to staff commenting on social media and said employees cannot “express a personal opinion on matters of public policy, politics, or controversial subjects”.

Mr Laming is being represented by lawyer Rebekah Giles – she also represented the former attorney-general Christian Porter in his defamation case against the ABC over historical rape allegations. The defamation action taken by Mr Porter cost the public broadcaster $780,000 and included the ABC paying $100,000 in mediation costs to Mr Porter’s lawyer.