Defendants – often media organisations and their journalists – seek to justify any damage they have done by resort to their right to freedom of expression or, to articulate it as if the media’s own interests were not in play, but the public’s right to know.
Former soldier Ben Roberts-Smith has been accused of committing heinous crimes, including murder, on the battlefields of Afghanistan.There is, however, a difference between content that is in the public interest and content that interests the public, and a gulf between responsible investigative journalism and base smears.
In some ways, this is a war crimes trial masquerading as a defamation action, conducted under the peculiar rules of engagement that apply in defamation law. On the one hand, like a prosecutor, the publishers bear the burden of proof, but to the lower civil standard. Roberts-Smith’s case will fail if the publishers can prove, on the balance of probabilities, that the imputations their stories conveyed are matters of substantial truth.
There has been no committal hearing to tease out and test the evidence. The publishers do not have access to the wealth of material generated during relevant investigations conducted by the Brereton inquiry, the Australian Federal Police and the Office of the Special Investigator. These matters favour Roberts-Smith.
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National security concerns likely to keep Ben Roberts-Smith trial offlineLawyers at a pre-trial hearing clashed over whether the war hero’s ex-wife had provided newspaper journalists with USB sticks containing photographs of soldiers drinking from a prosthetic leg.
Source: theage - 🏆 8. / 77 Read more »
Ex-wife of Ben Roberts-Smith leaked photos of soldiers drinking from prosthetic leg, court hearsThe lawyers of Ben Roberts-Smith say his ex-wife leaked photos of soldiers allegedly drinking from the prosthetic leg of a dead Afghan man to the newspapers the former Special Air Services corporal is now suing. They must be lining up to date her!! 🤦🏻♂️🤫👎🏻 'it is claimed' High school level stuff Byline: Ken Roberts-Smith This is an appalling and misleading tweet. And a shitty headline. The drips really think this shit is worth saving
Source: abcnews - 🏆 5. / 83 Read more »
National security concerns likely to keep Ben Roberts-Smith trial offlineLawyers at a pre-trial hearing clashed over whether the war hero’s ex-wife had provided newspaper journalists with USB sticks containing photographs of soldiers drinking from a prosthetic leg.
Source: theage - 🏆 8. / 77 Read more »
Ex-wife of Ben Roberts-Smith leaked photos of soldiers drinking from prosthetic leg, court hearsThe lawyers of Ben Roberts-Smith say his ex-wife leaked photos of soldiers allegedly drinking from the prosthetic leg of a dead Afghan man to the newspapers the former Special Air Services corporal is now suing. They must be lining up to date her!! 🤦🏻♂️🤫👎🏻 'it is claimed' High school level stuff Byline: Ken Roberts-Smith This is an appalling and misleading tweet. And a shitty headline. The drips really think this shit is worth saving
Source: abcnews - 🏆 5. / 83 Read more »
Christian Porter’s new girlfriend revealedFormer Attorney-General Christian Porter has revealed he’s found love with a Sydney-based criminal law specialist, after discontinuing his defamation action against the ABC. Seriously- this is your current top story. Give us a break! A criminal lawyer named Karen. Couldn't have scripted better, so much so, I'm a bit suspicious Omg have no respect for yourself at all? Jesus I haven't for you if that is good enough for you
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