ABC to rely on ‘public interest’ defence in Bruce Lehrmann defamation case
The broadcaster will rely on a public interest defence in its defamation battle against Bruce Lehrmann, arguing the airing of Brittany Higgins’ National Press Club speech was of importance to Australians.
The ABC will rely on a new public interest defence in its defamation battle against Bruce Lehrmann, arguing the broadcast of Brittany Higgins’ National Press Club address was of importance to Australians because it concerned the “safety of persons in Parliament House”.
The public broadcaster’s defence, released on Friday, also argued Mr Lehrmann had no grounds for defamation as he was not named during the broadcast.
Mr Lehrmann is suing the ABC after it televised the National Press Club event on February 9, 2022, and uploaded a YouTube video of it which received a joint 276,000 views.
His trial into the rape allegation by his former colleague and Liberal Party staffer Ms Higgins was abandoned in October. He has always maintained his innocence.
In his original statement of claim Mr Lehrmann argued the ABC broadcasts were defamatory because the imputation was that he “raped Brittany Higgins on a couch in Parliament House”.
However, the ABC claimed Mr Lehrmann was “not named in the matters complained of” and therefore his reputation could not have been damaged.
Further, the ABC argued if, as declared in Mr Lehrmann’s statement of claim, it was “notorious” he was the person accused and charged with Ms Higgins’ assault then “the matters complained of would not have caused, and were not likely to cause, serious harm to Lehrmann’s reputation.”
The ABC also outlined reasons for the broadcast being in the public’s interest, including that it concerned former prime minister Scott Morrison’s response to an allegation of rape in Parliament House.
The broadcaster also argued it concerned the forthcoming federal election and the “work of Ms Higgins as an advocate for survivors of sexual assault and her treatment by members of the public, the media and others.”
Further, it said the matter was in the public interest as it related to “the circumstances of child sexual abuse and the trauma caused by such abuse; the relationship between perpetrators of child sexual abuse and survivors of such abuse; and the Government’s response to the issue of abuse, the adequacy of funding for preventive education and the need for legislative change in respect of the perpetrators of abuse.”
The defence also referenced a text exchange between Ms Higgins and former deputy prime minister Barnaby Joyce, after Mr Morrison learnt of the alleged sexual assault. In the messages, Mr Joyce described Mr Morrison as “a hypocrite and a liar”.
The defence comes as Mr Lehrmann gears up for a separate defamation case against Channel Ten and NewsLife Media, the publisher of News.com.au and owned by News Corp Australia.
The case concerns interviews with Ms Higgins published and broadcast in mid-February. While Mr Lehrmann was not named in the interviews, conducted by journalists Lisa Wilkinson and Samantha Maiden, his legal team argued he was identified indirectly.
Ten and NewsLife Media reject the accusation they identified Mr Lehrmann, but will seek to rely in part on a defence of truth.
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