Who are the winners and losers in the Bruce Lehrmann defamation case?
Freedom of speech and the public’s right to know are winners.
Bruce Lehrmann.Credit: Alex Ellinghausen
Women subject to sexual assault and domestic violence gained some understanding from Justice Lee. He recognised that the trauma a victim has suffered may lead to inconsistent recollections of the surrounding events, but that does not mean that they are lying about the core event.
Justice Lee is a winner for being able to sift through complex and inconsistent evidence and reach such a strong decision. He would make some of our best journalists jealous with his impressive turn of phrase.
The Federal Court is a winner. The way that Justices Lee and Besanko handled very complex, challenging cases and the way the court handled the logistics, is impressive.
Network Ten and Lisa Wilkinson were successful in defending the defamation claim, but they were the subject of criticism by the judge.
They did not come out of the decision unscathed. In considering the backup defence of qualified privilege, Justice Lee combed through and scrutinised the investigative and preparatory steps taken by The Project team, including the way comment was sought from Lehrmann, the veracity of questions put to Ms Higgins and whether there was a genuine desire to engage with anyone beyond her for the content of the broadcast.
He found that the defence of qualified privilege failed as the Ten Network and Lisa Wilkinson had not acted reasonably. No surprises there. The media has basically never succeeded in a defence of qualified privilege because the courts say the media audience is too large and does not have the required interest. Substantial truth is the only real defence for the media.
What the Lehrmann case means for the future of defamation law in Australia
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16.04.2024
Who are the winners and losers in the Bruce Lehrmann defamation case?
Freedom of speech and the public’s right to know are winners.
Bruce Lehrmann.Credit: Alex Ellinghausen
Women subject to sexual assault and domestic violence gained some understanding from Justice Lee. He recognised that the trauma a victim has suffered may lead to inconsistent recollections of the surrounding events, but that does not mean that they are........
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