In a defense filed in court on Tuesday, Crikey The articles at the center of the case disputed that it now meets the new serious damages test, which is now law in most parts of Australia, including New South Wales, where the trial takes place.
under the ordealwhich is intended to remove trivial allegations, and Murdoch must show that the article “has caused or is likely to cause material damage” to his reputation.
Chrysanthou said the article accused Murdoch of “unfair criminal conduct that resulted in his death” and said it was a “farce” to suggest that the criteria for serious harm had not been met. rice field. But Hodge said serious harm would be an issue at trial.
Murdoch said the article made various false and defamatory implications, including that it “illegally conspired with Trump to incite an armed mob to march on the Capitol” on January 6, 2021. I claim to tell you.
Crikey denied any of Murdoch’s alleged 14 slanderous implications were conveyed in an article by political editor Bernard Keene, stating, “Trump is confirmed to be a staunch traitor. And Murdoch has been indicted.” Not his co-conspirators.”
If the court finds that at least one meaning is conveyed and the serious injury test is satisfied, the court: Crikey. This includes new public interest defenses that have yet to be tested in Australia in a full trial context.
Under New Public Interest Lawyersoriginated in NSW last Julythe private media must prove that the relevant article is an issue of public interest and that it “reasonably believed that the publication of the issue was in the public interest.”
Chrysanthou said the new defense looks “rather unhelpful” and the media may prove harder to establish than existing defenses.
Wigney said that the public interest defense “seems to remove” the requirement that the publisher acted reasonably, as in the case of the entitled privilege defense. defense.
However, Chrysanthou argued that it embraced the notion of rationality, such as through a list of factors a court might consider.
“This is going to be another issue,” said Wigney.
Murdoch’s lawyer Crikeydefense, a move resisted by media outlets on Friday.
The court has heard that the trial will begin on March 27 with an estimate of nine days. Both parties will attend pretrial mediation.
The lawsuit is based on Eric Beecher, Keane, Crikey Editor-in-Chief Peter Frey.
Private Media said in its written defense that it reasonably believed the article was in the public interest. Frey and Keane believed that the reference to Murdoch was “a self-evident exaggeration” and that “no one would read the words literally to suggest that Murdoch was guilty of criminal conspiracy”. was
Both parties are back in court on October 10th.
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Lachlan Murdoch was ridiculed on Billboard by Crikey as defamation battle heats up, court said
Source link Lachlan Murdoch was ridiculed on Billboard by Crikey as defamation battle heats up, court said