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"Lots of NDAs": Channel Nine could face class action

<p>Channel Nine could face a class action over <a href="https://www.oversixty.com.au/finance/legal/damning-report-exposes-toxic-workplace-culture-at-channel-nine" target="_blank" rel="noopener">allegations of bullying</a>, sexual harassment and inappropriate conduct, according to one of Australia's leading employment lawyers Josh Bornstein. </p> <p>Bornstein told<em><a href="https://www.news.com.au/finance/business/media/channel-nine-could-face-class-action-over-allegations-of-bullying-sexual-harassment-and-inappropriate-conduct/news-story/7e7f5979007ae16ae81621e48e48acab" target="_blank" rel="noopener"> news.com.au</a></em> that a class action might be an option for men and women who were the victims of a "hostile workplace". </p> <p>“There is a provision of the Sex Discrimination Act that is relatively recent and was introduced as a result of the Respect At Work changes,” he said.</p> <p>“It is a new provision that says that it’s a breach of the Act for an employer to maintain a workplace that is hostile for women.</p> <p>“So in light of the report, which indicates widespread bullying, sexism, punishment, sexual harassment, and favouritism of male reporters over female reporters getting access to stories, there is at least the basis on which to start considering whether a class action could be brought.”</p> <p>Bornstein is the principal lawyer at Maurice Blackburn, a law firm that has won more than  $4.3 billion in settlements for clients since their inception in 1998. </p> <p>“If the report is right, it’s systemic, which means many women have been impacted, and they’ve been subjected to an environment that’s hostile to them because of their gender, and if they’ve been harmed by that, a class action could give them some form of redress," he added. </p> <p>However, one of the complications would be the nondisclosure agreements some of the women may have signed before leaving the companies. </p> <p>“I’m aware there’s lots of NDA, particularly at Nine, and lots of releases as well.</p> <p>“A class action just requires a sufficiently large enough group of affected people who come together to lodge a case that says, ‘This is the sort of workplace environment we’ve been subjected to’.</p> <p>“They have to show that they’ve been subjected to the sorts of behaviours that are dealt with in the report and that or that adverse conduct was based on their gender, and then if they were able to show that the law had been breached, then compensation would be based on individual harm.”</p> <p>He added that in his opinion, while it might be better "for women to band together to pursue a collective case" it may be a bit more difficult as "there’s a fear that if you take on commercial networks, that’s the end of your career," which he said is a "well founded" fear. </p> <p><em>Image: FiledIMAGE / Shutterstock.com</em></p>

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"We let you down": Karl Stefanovic speaks out on Nine report

<p>Karl Stefanovic has spoken out about the report into toxic workplace culture at the Nine Network, calling out the “perpetrators” of bad behaviour.</p> <p>On Thursday, a <a href="https://www.oversixty.com.au/finance/legal/damning-report-exposes-toxic-workplace-culture-at-channel-nine" target="_blank" rel="noopener">report</a> conducted by independent investigators revealed that Nine has “has a systemic issue with abuse of power and authority; bullying, discrimination and harassment; and sexual harassment”, with several employees sharing their own horror stories of working for the network. </p> <p>During Friday's episode of the <em>Today Show</em>, Karl took a moment to discuss the findings of the report, saying "many people are hurting" over the shocking allegations. </p> <p>Echoing the concerns of Nine stars including Deb Knight and Dimity Clancey who raised concerns at a meeting on Thursday, the Today show host said he understood concerns that the report didn’t “name names.”</p> <p>“They feel like what was the point of speaking out if perpetrators are not called out? I asked the same question yesterday and it’s my understanding several investigations are now underway and we have to be patient for the process of all that,’’ he said.</p> <p>“It’s essential and it’s critical. I want to say it’s not about us, but there are good men who do work here at Nine who find what happened absolutely intolerable, who struggle to understand how we didn’t know more and do something, how it grieved you." </p> <p>“I feel like we have all in a way, let you down. I love my work colleagues here. Women I have the honour to present with women on the floor of this great show."</p> <p>“Women behind the scenes who make us all better. I’m grateful women are this company and they are the way forward. They will show the way. We just have to listen and act.”</p> <p>"I genuinely, genuinely feel for the women who have given testimony, I can't imagine how hard that was and the courage that it took," Karl said.</p> <div> <div id="adspot-mobile-mobile-3-above"></div> </div> <p>"It's going to be up to all of us now to do better, to say enough - this stops now."</p> <p><em>Image credits: The Today Show</em></p>

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Damning report exposes toxic workplace culture at Channel Nine

<p>A damning culture investigation has revealed a history of systemic bullying and harassment within the Channel Nine workplace. </p> <p>The <a href="https://www.nineforbrands.com.au/wp-content/uploads/2024/10/Intersection-Nine-Entertainment-2024-Report-FA.pdf" target="_blank" rel="noopener">report</a>, which was conducted by independent investigators, revealed their findings on Thursday, sharing the extent of the disturbing behaviour going on inside the network's offices.</p> <p>As stated in the report, Nine has “has a systemic issue with abuse of power and authority; bullying, discrimination and harassment; and sexual harassment”, with several employees sharing their own horror stories of working for the network. </p> <p>Dozens of female workers came forward with allegations of sexual assault, with one employee saying, “When I was in (location), (employee) tried to groom me. He also touched me on the bum at the Christmas party and at other times he would rub my legs under the table."</p> <p>“I saw him do it to other women.”</p> <p>Another staff member was warned not to let a senior male employee “touch (her) boobs”, adding, “His comments about my body were constant.”</p> <p>“He made me feel like I was just a piece of meat to be ogled at, and that he was the credible one just because he was the older man. Over time, this eroded my confidence. It just chipped away at it.”</p> <p>Other employees said the culture at Nine “destroyed (them) as a human being”, left them “broken” and a “shell” or gave them “debilitating” anxiety.</p> <p>“I was broken,” one former employee said. “I left the newsroom after a year. By the time I left my soul was gone.”</p> <p>If anyone complained about the toxic culture and inappropriate behaviour, they were allegedly sent to what was known as “punishment island”.</p> <p>“I have only been at the company a short time, but in my opinion there is a concerning culture among senior older men of sexual(ly) inappropriate jokes. There is sexual intimidation against young women and I find this completely unacceptable. I will always call them out,” another said.</p> <p>Others said talking about getting bullied at Nine had become commonplace, with one employee saying, “We used to talk about being bullied, harassed or publicly humiliated like you’d talk about the weather. Now when I look back it horrifies me how normalised it had become."</p> <p>Nine’s new chair Catherine West released a statement on Thursday after the report finding, saying, “We are deeply sorry ... I unreservedly apologise.”</p> <p>“Today is an incredibly difficult day for Nine as we confront these findings and reflect on serious cultural issues as an organisation."</p> <p>“The behaviour outlined in the report is unacceptable. Abuse of power, bullying, sexual harassment and inappropriate conduct is not OK. This behaviour has no place at Nine.”</p> <p>The report concluded with 22 recommendations to address the negative culture, including training, accountability and another external review in three years.</p> <p><em>Image credits: Shutterstock </em></p> <div class="hide-print ad-no-notice css-svlwa0-StyledAdUnitWrapper ezkyf1c0" style="box-sizing: border-box; caret-color: #292a33; color: #292a33; font-family: HeyWow, Montserrat, 'Helvetica Neue', Helvetica, Arial, sans-serif; font-size: 15px;"> </div>

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Another Channel Ten star jumps ship to rival network

<p>As Channel Ten continues to make difficult choices about their future as they struggle to stay afloat, one high profile host has jumped ship to a rival network. </p> <p>According to <em><a href="https://au.lifestyle.yahoo.com/channel-ten-star-jumps-ship-to-nine-following-mass-axings-214525599.html" target="_blank" rel="noopener">Yahoo Lifestyle</a></em>, Rodger Corser, who was the host of the short-lived series <em>The Traitors Australia </em>on Ten, is set to host a new show on Nine titled <em>The Floor</em>, with Channel Nine allegedly swooping in to steal the actor and presenter "from underneath Network 10's noses".</p> <p>An industry insider told <em>Yahoo Lifestyle</em> that <em>The Traitors Australia</em> was being looked at again for another season, but Rodger's sudden move to Channel Nine has killed any hope that a third series would continue.</p> <p>As for Corser's new gig with Nine, <em>The Floor</em> is described as being a "game based around a floor grid of 81 squares, each of which is occupied by a contestant with expertise in a different trivia category. Pairs of contestants face each other in head-to-head trivia duels, with the winner taking over all territory controlled by the loser."</p> <p>After being made popular in the US with host Rob Lowe, the insider said Corser would be "perfect fit" to bring the show Down Under. </p> <p>"Nine didn't really want anyone else," they said. "<em>The Floor</em> is going to be massive and Nine are thrilled to have Rodger on contract."</p> <p><em>Image credits: Instagram</em></p> <p> </p>

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Network Seven claps back after Robert Ovadia's claims of "evil" conduct

<p>Channel Seven has clapped back at claims from former <em>7News</em> presenter Robert Ovadia that they are engaging in "evil" conduct, claiming they have found more inappropriate emails from the veteran journalist. </p> <p>Robert Ovadia, who worked with Seven for 23 years, was fired in June and has taken the matter to court claiming he was unfairly dismissed, while also claiming the network is hellbent on destroying his reputation. </p> <p>However, the network has finally spoke out about the claims, saying they have recent complaints from more female staffers about inappropriate behaviour. </p> <p>“Mr Ovadia commenced Federal Court proceedings against Seven over his dismissal for serious misconduct following the sending of inappropriate emails to a 23-year-old news producer and other employees of Seven," a Seven spokesman said.</p> <p>“In doing so, Seven is discharging its obligations to prevent sexual harassment at work, including as more recently expanded under recent legislation. Mr Ovadia was trained about these new legislative obligations by Seven and failed to comply with them.”</p> <p>The statement from the network went on to suggest there are further revelations to come, as more women have come forward with allegations of inappropriate conduct.</p> <p>“At the first hearing of those proceedings on Thursday, 29 August 2024 about Orders for the filing of evidence and timetable steps, Justice Raper asked Seven whether any other conduct would be relied upon by Seven other than set out in the termination letter," the spokesman said.</p> <p>“In that context, Seven confirmed it has had complaints or allegations about Mr Ovadia from 13 other employees. Although Seven was not required to provide examples of the other conduct it intends to rely on at this stage, Seven has provided Mr Ovadia and his lawyers examples of some of the inappropriate emails by Mr Ovadia, which will be further detailed in Seven’s defence required to be filed on 12 September 2024."</p> <p>“Out of respect for their privacy, Seven has not chosen to make further even more inappropriate emails public at this stage. In response to this, Mr Ovadia has made outlandish complaints about Seven being an ‘evil company’ with a ‘propaganda unit’ that is setting out to destroy his reputation. Seven is confident its position on this matter will be upheld by the Courts."</p> <p>In response to the statement, Ovadia took to Instagram to take another swing at his former employer while also maintaining his innocence. </p> <p>“I can be crass, I can be blunt, I can be obnoxious, my humour is dark – 20 years surrounded by trauma and danger will do all of that to you – but I do NOT mistreat women,” Mr Ovadia said in a lengthy Instagram post.</p> <p>“I’ll expect more smear over the coming months as this evil company (in whose service I risked my life and safety many times) now seeks to destroy my reputation further,” Mr Ovadia said.</p> <p>“When this kicked off, the day Seven first leaked this story, my teenage daughter asked if people will think her dad is a rapist. At least <em>Four Corners</em>’ laboured hatchet job got one thing right – the Seven Network is diabolical.”</p> <p>The journalist went on to share screenshots of conversations he had with female staffers who shared their words of support for Ovadia, saying they believe the allegations are false. </p> <p><em>Image credits: Instagram </em></p>

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Veteran Seven journalist faces fresh allegations of inappropriate behaviour

<p>Veteran journalist Robert Ovadia is facing allegations from another 13 women of inappropriate conduct after claiming he was unlawfully <a href="https://oversixty.com.au/finance/legal/veteran-seven-reporter-sacked-over-misconduct-allegations" target="_blank" rel="noopener">sacked</a> from Network Seven.</p> <p>Ovadia was let go from Seven on June 21st after working with the network for 23 years, when he was fired with immediate effect after it was revealed he was part of an investigation by the ABC’s <em>Four Corners</em> program into the alleged <a href="https://oversixty.com.au/finance/legal/bombshell-allegations-of-toxic-channel-seven-workplace-aired" target="_blank" rel="noopener">toxic</a> culture at the Seven Network.</p> <p>After he was let go, the <em>7News Sydney</em> journalist launched civil legal action against his former employer saying he was fired unlawfully. </p> <p>On Thursday, Network Seven’s lawyer Vanja Bulut told the Federal Court that the Network terminated Ovadia’s employment because of a “number of images sent to a former colleague”, who was a graduate news producer. </p> <p>Ms Bulut said the termination was also due to the “sending (an image) of a man’s genital to a colleague”.</p> <p>The Network is defending the decision to “summarily terminate” Mr Ovadia without notice, with Ms Bulut noting further allegations had arisen supporting that decision.</p> <p>“Subsequent to (Mr Ovadia’s) dismissal, 13 more females have come forward with complaints in regard to his conduct and they are subject to that investigation,” Ms Bulut told the court.</p> <p>“He has been written to setting out the additional allegations that have come out subsequent to the dismissal, and to the extent that those allegations are reported in documents. Even if they (Seven) didn’t have a basis to primarily terminate the applicant’s employment at that time, the conduct that has come to light subsequently does provide a basis,” she said.</p> <p>In a statement made after court, Mr Ovadia denied the claims against him, saying, “The claims are baseless and Seven has never provided evidence despite repeated requests.”</p> <p>“Even today, no evidence to support any of this - just a dirty tactic to try to bully me away from defending myself.”</p> <p><em>Image credits: Seven </em></p>

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Channel Seven loses veteran reporter to rival network

<p>A Channel Seven reporter has announced he is leaving the network to join a rival station. </p> <p>Journalist Steve Hart from the <em>7News</em> room in Brisbane shared that he is leaving the network after two years to join the WIN News, owned by Nine, in Wollongong. </p> <p>Hart, who first joined the Seven Network in 2022 after leaving Network 10, will have his last day on September 11th. </p> <p>The news was revealed in an internal email to staff on Tuesday, which cited “family reasons” as the driving force behind Hart’s decision.</p> <p>According to <a id="U841326290785qZ" href="https://www.couriermail.com.au/entertainment/veteran-journalist-steve-hart-leaves-channel-7-for-rival-network/news-story/8311df15d77a4e4aa251bc64a709f16c" data-tgev="event119" data-tgev-container="bodylink" data-tgev-order="8311df15d77a4e4aa251bc64a709f16c" data-tgev-label="entertainment" data-tgev-metric="ev"><em>Courier</em> <em>Mail</em></a>, Hart’s wife has been living in Sydney, and his regular weekend commutes to be with her have played a significant role in his choice to relocate closer to his family.</p> <p>The news of Hart's departure comes after the <em>7News</em> room in Brisbane has faces a series of controversies, with many high profile presenters fleeing the network. </p> <p>Hart's departure comes just one week after sports presenter Shane Webcke announced his decision to step back from the news desk, following discussions with management to reduce his work hours and focus on his family’s agricultural business.</p> <p>The departure of both Hart and Webcke is understood to be unrelated to the recent wave of redundancies at Seven, and comes after the ABC <em>Four Corners</em> investigation into <a href="https://oversixty.com.au/finance/legal/bombshell-allegations-of-toxic-channel-seven-workplace-aired" target="_blank" rel="noopener">toxic</a> workplace culture in the Brisbane newsroom. </p> <p><em>Image credits: 7News</em></p>

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Channel Nine revamps Today show line up

<p>Big changes are coming to Channel Nine's flagship <em>Today</em> show, following the <a href="https://o60.me/7hh8v2" target="_blank" rel="noopener">departure</a> of popular newsreader Brooke Boney. </p> <p>The shake-up to the morning show's line-up was confirmed on Monday and will affect both the weekday and weekend programs. </p> <p>Jayne Azzopardi, a former Sydney news reporter, will replace Boney on the morning news desk. </p> <p>Azzopardi's role as co-host of <em>Weekend Today</em> will now be taken over by Sophie Walsh, who will co-host alongside fellow veteran Nine presenter Clint Stanaway. </p> <p>Walsh has worked at Channel Nine for 15 years, after first joining the broadcaster as a news reporter in 2009. </p> <p>In another change for <em>Weekend Today, </em>senior journalist Lizzie Pearl will cover the news while Dan Anstey will present the weather. </p> <p>Renee Bargh, who has regularly featured on the <em>Today </em>show in the past has been officially welcomed to the team as an entertainment reporter. </p> <p>Confirmation of the changes comes after an emotional week among staff at the <em>Today</em> show with Boney's departure last Friday. </p> <p>"Thank you for accepting me. I know that I don't fit the mould and I'm grateful for each and every one of you for tuning in every day," Boney said during her farewell. </p> <p>The journalist, who was joined by her mother on the couch, became emotional as she reflected on her experience. </p> <p>"I'm so grateful for every opportunity that I've been given here, I've done things I never dreamed possible," Boney said.</p> <p>"For someone like me, I grew up in housing commission, so this is really beyond my wildest dreams.</p> <p>"I mean, I just spent a month at the Olympics. I've been to the Oscars... all around the world to do things that most people don't get to do."</p> <p>During her final show last week <em>Today</em> host Karl Stefanovic also told her that she was well loved and respected.</p> <p>“We love you and everything you represent, how hard you work,” he said.</p> <p>Boney announced her departure earlier this year after she was offered a position to study at Oxford University.</p> <p><em>Image: Nine/ Instagram</em></p>

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Sandra Sully and Angela Bishop reflect on 60 years of Network 10

<p>Sandra Sully and Angela Bishop have reflected on their most memorable moments with Channel 10 as the network celebrates 60 years on the air. </p> <p>As the network looks back on 60 years servicing and informing the country, two of their long-running powerhouses have looked back on their careers at Network 10. </p> <p>Both Sully and Bishop have been fixtures of the 10 network since the 1990s, both carving out such influential roles within the Australian mediascape that they’ve earned Order Of Australia medals, honouring their work within the industry.</p> <p>The two journalists have looked back at some of their most memorable moments in their careers, ranging from covering breaking international news, keeping industry secrets and their hardest interviews. </p> <p>When asked about her most memorable news broadcasts, Sandra said that informing Australia about the 9/11 terror attacks in 2001 is something that will stick with her forever. </p> <p>“News strikes without warning,” Sandra tells <a href="https://www.pedestrian.tv/entertainment/sandra-sully-angela-bishop/" target="_blank" rel="noopener"><em>PEDESTRIAN.TV</em></a>. </p> <p>“I was the deer in the headlights and in the chair that night, and it all unfolded while we were live on air. So I had to go with it.”</p> <p>Sully, who was part of the Ten Late News team at the time, said she remembers her broadcast on each anniversary of the devastating attacks. </p> <p>“It’s something that is actually always with me,” she continued. </p> <p>“September 11 every year is always a kind of sad time for me because we all thought World War Three was going to erupt that night, that what we were watching was the beginning of World War Three." </p> <p>“And I don’t think generations these days could ever fully appreciate what that was like, because news is so instant now. They can get it all day, every day, on any platform. And so it’s hard for them to appreciate what actually happened that night, and the world’s moved on. For me, it was equally daunting, challenging and rewarding.”</p> <p>When working in the media industry, one thing that comes with showbiz is keeping secrets, which is something Angela Bishop learned all too well in 2010 when Oprah Winfrey was planning her trip Down Under. </p> <p>“I’ve never kept something more in the vault in my life,” Angela said with a laugh. </p> <p>“Oprah rarely did interviews back then because at that time she had her show on every day, she just felt she didn’t need to, because people got to see her every day. I got a great one-on-one interview with her when she came out, and then I covered her tour.</p> <p>“That was an absolute pinch me moment being interviewing her up on Hamilton Island when she arrived, as two koalas started having sex right next to us in the tree.”</p> <p>While secret keeping is only part of Bishop's job, she has had decades of experience interviewing celebrities around the world. </p> <p>And while all of her interviews are memorable, not all of them are for the right reasons, as she explained how she struggled interviewing Sacha Baron Cohen during his pressrun for Borat in 2006. </p> <p>“He was in character the whole time, from when I met him to when it ended, and I had to keep up with him, just doing all of the Borat things that Borat does,” she explains.</p> <p>At one point, Borat asked her: “Where is the journalist?” and when Angelia replied that she was the journalist, Borat feigned surprise.</p> <p>“We say to let a woman be a journalist is like to let a monkey fly a plane,” he quipped.</p> <p>Angela said of the infamous interview, “I just had to think on my feet and in the sand while there was people around, interacting with us and everything.”</p> <p>Angela and Sandra both spoke candidly about why they've stayed with the network for so long, as Angela said, “It’s the cheekiness and the risk-taking nature of the network. It’s a bold place.” </p> <p>“And it’s just family. I lost my husband back in 2017 to cancer and it was really a crucial part of my healing how much support I got from 10. It felt like family here, they really looked after me during that time and so did the viewers. Channel 10 viewers are quite something.”</p> <p>Sandra added, “It’s always been the culture, and it’s always been the teamwork. Television news is the epitome of teamwork." </p> <p>“I’m really thrilled, honoured, privileged to be a part of the 10 family and to have been there so long. I try not to think about how long it is, and the poor audience have to put up with me, but it has been an absolute joy, because 10 have always taken it to the edge. They’ve always redefined what television is in Australia. They’ve done it with irreverence and humour, but also a strong sense of ethics and respect for the audience.”</p> <p>Image credits: Network 10</p>

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Olympic disaster as Nine publishing staff stage mass walkout

<p>Nearly all journalists employed by Nine Entertainment newspapers – more than 90 percent – are going on strike just as the 2024 Olympic Games in Paris are about to commence. This includes 20 reporters already on the ground in Paris, significantly impacting coverage of the event.</p> <p>The strike, beginning Friday July 26 and lasting for at least five days, follows a vote by staff at Nine's key mastheads – <em>The Age, the Sydney Morning Herald, Australian Financial Review, WAtoday, </em>and<em> Brisbane Times</em>– who overwhelmingly supported the industrial action. The decision comes after failed negotiations over annual pay rates between union representatives and Nine Entertainment management.</p> <p>During a crucial meeting on Thursday, <a href="https://www.news.com.au/entertainment/tv/current-affairs/more-than-90-per-cent-of-nine-publishing-staff-walk-off-the-job-on-eve-of-2024-olympics/news-story/1bb81c607dbae8c7756e9726d085e45c" target="_blank" rel="noopener">news.com.au reported</a> that a 3.5 percent annual pay rise offer from Nine executives, up from the existing 2 percent, was rejected by journalists. The Media, Entertainment & Arts Alliance (MEAA), representing 90 percent of the journalists, deemed the proposal insufficient amid ongoing inflation and recent announcements of significant job cuts, including 90 positions from the publishing division.</p> <p>The strike, coinciding with the Olympic Games' opening, poses a substantial challenge for Nine, which holds exclusive broadcast rights to the event in a $305 million deal. The company has assured the public that plans are in place to maintain production and distribution during the walkout, with "skeleton staff" working in local newsrooms.</p> <p>In a statement, Nine's publishing managing director, Tory Maguire, expressed disappointment over the union's decision while still committing to continued negotiation: "While it is disappointing the union has elected to proceed with industrial action, we can confirm comprehensive plans are in place to ensure the production and distribution of Nine Publishing mastheads will not be impacted and our readers will continue to have access to unrivalled coverage of the Paris Olympics."</p> <p>The situation is further complicated by concerns among staff over job security and the potential use of artificial intelligence in journalism, exacerbating fears of further job losses.</p> <p>Should the strike threaten to extend beyond the initial five days, the financial implications for Nine are substantial. The network, having invested over $120 million in this year's Games, faces potential losses amid high production costs and declining advertising revenue.</p> <p><em>Image: Nine Entertainment</em></p>

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Channel Nine staff viciously attacked on streets of Paris

<p>In a troubling incident that raises serious concerns over safety at the Paris Olympics, two radio technicians from Channel Nine's Olympic team were attacked on Tuesday evening in an apparent attempted robbery. This attack occurred <a href="https://oversixty.com.au/finance/legal/aussie-woman-s-horror-assault-in-paris-days-before-olympics" target="_blank" rel="noopener">just days after the alleged gang rape</a> of a 25-year-old Australian woman in the French capital, highlighting escalating security risks as the Games approach.</p> <p>Channel Nine’s Director of Sport, Brent Williams (pictured above), informed staff that the two technicians had left the International Broadcast Centre and were walking to their accommodation in the north-eastern suburb of Le Bourget when they were assaulted by a group of men.</p> <p>Describing the incident as "an assault of a serious physical nature", Williams confirmed that the victims managed to escape and find safety. The incident has been reported to the police.</p> <p>In light of this attack, Nine has reminded its staff to stay vigilant and to remove their Olympic credentials when not required, especially when travelling. Broadcasters have been warned by security experts that despite increased military and police presence in the capital, criminals may still target those they perceive as vulnerable.</p> <p>This incident follows another harrowing event involving an Australian citizen. The Paris prosecutor's office has confirmed an investigation into the alleged gang rape of a 25-year-old Australian woman, which occurred on the night of July 19 to 20. The woman sought refuge in a café in the 18th arrondissement. French Interior Minister Gérald Darmanin has stated that while the investigation is a matter for the police, he is closely monitoring developments.</p> <p>Darmanin has also issued a handwritten letter to all police officers, gendarmes, firefighters, emergency service personnel and intelligence agents, acknowledging the difficulty of their task.</p> <p>“The eyes of the world will be fixed on you," Darmanin wrote. "Your task will not be easy", urging them after four years of intense presentation to “present the most beautiful face of France”.</p> <p>The French authorities have deployed 35,000 police and gendarmes, with plans to increase this number to 45,000 for the opening ceremony. Additionally, 18,000 soldiers are on standby to counter potential threats, with an Islamist terror attack being the primary concern for organisers.</p> <p>As preparations continue, authorities are under immense pressure to safeguard the Games and mitigate the risks posed by criminal activities and potential terrorist threats. The world will be watching as Paris strives to balance the celebration of athletic achievement with the paramount need for security.</p> <p><em>Image: <span style="box-sizing: border-box; color: #212529; font-family: -apple-system, 'system-ui', 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; background-color: #ffffff;">Richard Ellis/UPI/Shutterstock Editorial </span></em></p>

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Bruce Lehrmann ordered to pay millions to Network Ten

<p>Bruce Lehrmann has been ordered to pay a whopping $2 million to Network Ten to cover the network's legal fees from his failed defamation lawsuit. </p> <p>Lehrmann's suit against the network, and in turn <em>The Project</em> and Lisa Wilkinson, came to a end when Justice Michael Lee found he had, on the balance of probabilities, raped Brittany Higgins at Parliament House in March 2019.</p> <p>The former Liberal staffer's case was dismissed after Justice Lee concluded he was not defamed by Lisa Wilkinson's tell-all interview with Brittany Higgins on <em>The Project</em> in 2021.</p> <p>Following the conclusion of the case, Lehrmann was ordered to pay Network Ten's astonishing legal fees, returning to court on Thursday to discuss the manner in which they will be paid.</p> <p>Ten’s barrister Zoe Graus on Thursday told the court that the broadcaster had sought a $2m lump-sum payment from Mr Lehrmann which Justice Lee ordered that Lehrmann pay, though he noted Mr Lehrmann was a man of “modest means”.</p> <p>As a result, Mr Lehrmann could be forced into bankruptcy if he fails to meet the hefty costs order.</p> <p>The court was told that Network 10 had offered to pay Ms Wilkinson $607,850 for the journalist’s legal costs, given the fact that she had independent representation during the trial. </p> <p>However, an independent referee will determine the final amount to be paid to Wilkinson. </p> <p><em>Image credits: MICK TSIKAS/EPA-EFE/Shutterstock Editorial </em></p>

Legal

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Telstra giving free phones to elderly and remote

<p>With the 3G network set to shut down completely on August 31, Telstra announced that it will be giving 12,000 mobile phones away for free in a bid to help the most vulnerable customers switch to 4G. </p> <p>Starting from Tuesday, the telecommunications company will be issuing complimentary phones to customers who are elderly, live rurally or are facing difficult situations. </p> <p>These include those facing financial issues, recovering from natural disasters, or those who have a life-threatening medical condition and therefore rely on a working phone. </p> <p>Telstra have also identified those who live regionally or are over 80 years old and may require extra transition support, as they may have difficulty accessing a physical store to make the switch. </p> <p>Those who are flagged as eligible will be contacted by the telco company, and they are encouraging customers who receive the message to follow the instructions given to make the switch. </p> <p>Major Brendan Nottle from The Salvation Army has praised this initiative for helping the "most vulnerable members of our community."</p> <p>“Connection is one of the most important things to maintain in our society, whether it is with friends and family or with housing and support services,” he said.</p> <p>“Ensuring that every Australian, from any background or level of income, can take part in our modern digital society is crucial.</p> <p>“A phone can be a gateway to social inclusion, community connection and support, and with the upcoming closure of 3G networks in Australia it is important for us to reach out and ensure that this can continue for everyone.”</p> <p>Customers who are yet to upgrade are also told to make the switch sooner than later. </p> <p>Other devices that will be affected by the shutdown include certain smart watches, tablets, medical alarms, EFTPOS terminals and security monitors.</p> <p><em>Images: Shutterstock</em></p>

Money & Banking

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Nine News journo marries Olympic skier in stunning Italian ceremony

<p>Nine News' US correspondent Lauren Tomasi has officially tied the knot with her Olympic skier partner Rohan Chapman-Davies in a beautiful Italian wedding. </p> <p>The couple took to Instagram to share a few snaps from their special day in Tuscany over the weekend. </p> <p>"01.06.2024 Pure magic 🤍✨" she wrote in the caption. </p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/C7wCgTgt4yN/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/C7wCgTgt4yN/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by ROHAN CHAPMAN-DAVIES (@chapman_davies)</a></p> </div> </blockquote> <p>Chapman-Davies and Tomasi exchanged vows in an outdoor ceremony surrounded by their close friends and family. </p> <p>The bride wore a stunning white ballgown with a corseted bodice, and the groom donned a classic black suit. </p> <p>The Nine News journalist also also paid tribute to her late mother in her Instagram stories with a photo of chair that had a framed photo of her mum and some flowers, with the caption: "Mumma T's front row seat."</p> <p>Following the ceremony, Tomasi shared a snap of the newlyweds at their reception with the caption: "How to end your wedding: With sore feet from dancing, sore cheeks from smiling and a smooch from my new husband."</p> <p>Nine News journalist Sophie Upcroft, who attended the wedding also shared a few snaps from the special day, with the caption: "Work wife is now a REAL wife 🤍 So much fun celebrating the happiest couple." </p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/C7wQpPLv_Wi/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/C7wQpPLv_Wi/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Sophie Upcroft (@sophieupcroft)</a></p> </div> </blockquote> <p><em>Images: Instagram</em></p>

Relationships

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“We’re now in a death spiral”: Complete collapse of Channel Ten predicted

<p>The future of Network Ten is in jeopardy, as the broadcaster continues to face dwindling ratings nationwide, while also juggling a turbulent ownership battle at its American parent company Paramount. </p> <p><a href="https://www.news.com.au/finance/business/media/network-10-is-in-total-turmoil-and-may-not-survive-as-australias-third-commercial-broadcaster/news-story/8834f836947d5f4ca478c9b88db9e47f" target="_blank" rel="noopener">According to a report by news.com.au</a>, the existence of the Network is in "total turmoil", after high profile shows such as <em>The Masked Singer</em> and <em>The Bachelor</em> have both been axed, leaving many wondering how long the broadcaster can stay afloat.</p> <p>Queensland University of Technology Professor Amanda Lotz, who leads the Transforming Media Industries research program, told the outlet that it’s unlikely Australia will still have three free-to-air commercial networks in the near future.</p> <p>“I would suspect by the end of the decade that we will have two commercial broadcasters,” Prof Lotz said. “It’s just math. We’re now in a death spiral. And eventually, it might be that we just have one.”</p> <p>QUT Professor Anna Potter, an expert in digital media and cultural studies, agreed that the landscape for commercial TV in Australia is now so stretched that television businesses are dangerously unviable.</p> <p>“I think there’s a big question too about whether Australia can support three television (commercial) broadcasters – and I’m not sure we can,” Prof Potter said.</p> <p>A major part of Ten's toppling has been the ongoing defamation suit against the network, launched against Bruce Lehrmann. </p> <p>While Ten successfully defended the suit, they hardly came out unscathed as the Federal Court criticised its handling of various matters related to the broadcast of <em>The Project</em>’s explosive interview with Brittany Higgins in 2021.</p> <p>Daily headlines about the court case overshadowed many popular programs, many of which failed to deliver a significant ratings recovery.</p> <p>As the network has consistently lost viewers over the past years, nationwide ratings have continuously put Network 10 behind its other commercial competitors, making parent company Paramount doubt how viable the business can be long term. </p> <p>Media analyst and Pearman director of strategy and research Steve Allen said, “A new owner of Paramount Global is unlikely to see Ten as an asset worth retaining because the business is in serious turmoil.”</p> <p>“There’s no programming momentum and they haven’t found a really solid anchor for prime time, their revenue looks steady but they can’t seem to significantly reduce overheads, and now there’s upheaval in terms of their US ownership."</p> <p>“Network 10 is in a real pickle and I don’t see a way out for them.”</p> <p><em>Image credits: Ten </em></p>

TV

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Nine-year-old Aussie ballet prodigy scores full New York scholarship

<p>A talented nine-year-old is heading to New York City, after scoring a full scholarship to a prestigious ballet school. </p> <p>Malcolm Doyle's dad Nick said he and his wife knew their son had a talent for dance from a young age, and could not be more proud of the international attention his dancing has garnered.</p> <p>"He's been doing really well here in Australia and since last year, there's been a bit of a focus from overseas," Nick told <em><a href="https://9now.nine.com.au/today/aussie-billy-elliot-nine-year-old-ballet-prodigy-scores-scholarship-to-prestigious-new-york-academy/4e3fdf08-3fb7-41a4-89df-eb6ee4b58095" target="_blank" rel="noopener">Today</a></em>.</p> <p>"He got brought in to do an audition for Chicago's A and A Ballet, who were doing a world broadcast for auditions and from there, we just started to get a bit of interest."</p> <p>"And then this year, we let him do the auditions for the Royal Ballet and he ended up in Hong Kong over Easter."</p> <p>From there, Nick said the American Ballet Theatre in New York got in contact and offered Malcolm a scholarship. </p> <p>Malcolm ultimately turned down the offer and signed with another NYC school, the Ellison Theatre, who offered the youngster a full ride. </p> <p>The family are currently saving up to buy flights over to the US to check out the school, with Nick saying they will do anything and everything to support their son's dream. </p> <p>"It's taking quite a bit of the funds out of my bank account, but the love he's got for dancing, you can't stop him and even if we wanted to, I mean we get home after he's had a full day of dance and he's still dancing around the house," Nick said.</p> <p>Malcolm's dad has a performing arts background and his mum is also a classically trained ballerina and teacher, so Nick said Malcolm was either going to inherit the genes or "end up having three left feet".</p> <p>"He went and saw a production by the Queensland Ballet on the weekend, which he had never seen before and he walked out with half the choreography memorised in his head and trying to reproduce it.," Nick said.</p> <p>After being dubbed "Australia's own Billy Elliot", the Today hosts asked Malcom what it is he loves so much about dancing.</p> <p>"It makes me feel really excited and it's so amazing for me, the feeling I get when I dance," Malcolm said.</p> <p><em>Image credits: Today  </em></p>

Music

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Student wrongly named as Bondi killer sues Seven Network

<p>A 20-year-old university student who was wrongly named as the Bondi Junction killer has made moves to sue the Seven Network for defamation. </p> <p>As the terrifying rampage at the eastern suburbs Westfield unfolded on Saturday which resulted in the deaths of six people, Ben Cohen was named by the Seven Network as the knife-wielding man. </p> <p>Mr Cohen’s name was wrongly linked to the attack by <em>Sunrise</em> co-host Matt Shirvington shortly after 6am on Sunday and again by journalist Lucy McLeod just 10 minutes later.</p> <p>It wasn't until hours later that Seven identified the right man, Joel Cauchi, as the killer as journalist Sarah Jane Bell issued an on-air apology to Mr Cohen during the evening news bulletin. </p> <p>“Earlier this morning, reports of the incident incorrectly named the perpetrator as 40-year-old Benjamin Cohen,” she said on air.</p> <p>“It was later confirmed that the name of the 40-year-old is Joel Cauchi from Queensland. Seven apologises for any distress caused by our earlier reports.”</p> <p>Mr Cohen is still reeling from the incident, saying he has been targeted by online trolls on social media ever since he was wrongly named by the network. </p> <p>His name was one of the most trending topics on X in Australia the day of the mass stabbing, with many people quick to point out Mr Cohen's Jewish identity, claiming the stabbings were an act of violence in support of the war in Israel against Palestine. </p> <p>The university student has taken the first steps in launching legal action against the network, engaging with two of Australia’s foremost defamation lawyers in Patrick George of Giles George as his solicitor, and Sue Chrysanthou SC as barrister.</p> <p>Mr George confirmed he had sent a concerns notice to Seven, the first step in defamation proceedings.</p> <p>“We await a response from Seven,” Mr George told NCA NewsWire.</p> <p>Mr Cohen told <em><a href="https://www.news.com.au/national/nsw-act/courts-law/student-wrongly-named-as-westfield-bondi-junction-killer-moves-to-sue-seven/news-story/f4c67b123e19cbf3d5a6a6bf39708ea8" target="_blank" rel="noopener">news.com.au</a></em> earlier this week that he had been inundated with friend requests and messages on social media after being named by Seven, with the unwanted attention taking a toll on his mental health. </p> <p>“It’s just gone crazy, it’s like ‘look, you’ve got the wrong guy’,” Mr Cohen, a first year computer science student, told news.com.au.</p> <p>“People don’t really think too hard about what they’re posting and how it might affect someone. It’s very dangerous how people could just make stuff up and destroy people’s lives.”</p> <p><em>Image credits: news.com.au</em></p>

Legal

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Judge finds Bruce Lehrmann raped Brittany Higgins and dismisses Network 10 defamation case. How did it play out?

<p><em><a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p>Bruce Lehrmann has lost his defamation suit against Channel Ten and journalist Lisa Wilkinson after the media defendants proved, on the balance of probabilities, that Lehrmann raped his colleague Brittany Higgins in Parliament House in 2019.</p> <p>After a trial lasting around a month, Federal Court Justice Michael Lee – an experienced defamation judge – concluded that both Lehrmann and Higgins had credibility issues, but ultimately <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0369">he was persuaded</a> that Lehrmann raped Higgins, as she’d alleged and he’d denied.</p> <h2>Criminal trials by proxy</h2> <p>Ordinarily, charges like rape would be resolved through the criminal courts, but Lehrmann’s criminal trial was <a href="https://www.abc.net.au/news/2022-10-27/jury-discharged-in-trial-of-bruce-lehrmann-brittany-higgins/101583486">aborted</a> in October 2022 after juror misconduct. The charges against him were soon <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-sexual-assault-charge-dropped-dpp-confirms/news-story/3f82dd388d2cfa38680f7d4f4ceb1c5e">dropped</a>, nominally over concerns for Higgins’ mental health.</p> <p>Higgins, however, foresaw civil proceedings and <a href="https://www.theguardian.com/australia-news/2023/dec/05/brittany-higgins-volunteered-to-be-defamation-trial-witness-as-she-would-not-let-rapist-become-a-millionaire-ntwnfb">offered to testify</a> should they arise. That they did, as Lehrmann, free from the burden of any proven crime, sued several media outlets for defamation over their reporting into the allegations (<a href="https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/lehrmann">the ABC</a> and <a href="https://www.theguardian.com/australia-news/2023/dec/06/abc-agrees-to-pay-bruce-lehrmann-150000-to-settle-defamation-claim-court-documents-reveal">News Corp</a> both settled out of court).</p> <p><iframe class="flourish-embed-iframe" style="width: 100%; height: 550px;" title="Interactive or visual content" src="https://flo.uri.sh/visualisation/17195035/embed" width="100%" height="400" frameborder="0" scrolling="no" sandbox="allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation"></iframe></p> <div style="width: 100%!; margin-top: 4px!important; text-align: right!important;"><a class="flourish-credit" href="https://public.flourish.studio/visualisation/17195035/?utm_source=embed&amp;utm_campaign=visualisation/17195035" target="_top"><img src="https://public.flourish.studio/resources/made_with_flourish.svg" alt="Made with Flourish" /></a></div> <p>Like Ben Roberts-Smith’s <a href="https://theconversation.com/dismissed-legal-experts-explain-the-judgment-in-the-ben-roberts-smith-defamation-case-191503">recent defamation suit</a> against the former Fairfax papers, this became another case of civil proceedings testing grave allegations in the absence of a criminal law outcome.</p> <p>The form of proceedings made for some key differences with the aborted criminal trial. In criminal cases, prosecutors are ethically bound to act with moderation in pursuing a conviction, which requires proof beyond a reasonable doubt, while defendants have the right to silence. By contrast, this trial featured detailed accounts from both sides as each sought to convince, in essence, that their contentions were likely to be correct.</p> <p>Also like the Roberts-Smith case, live streaming of the trial generated very high levels of public engagement. Today’s stream reached audiences of more than 45,000 people. It gave us the chance to assess who and what we believe, and to scrutinise the parties’ claims and the media’s reporting. The Federal Court doesn’t have juries, but we, the public, acted as a de facto panel of peers.</p> <p>We saw accusations and denials, revealing <a href="https://www.abc.net.au/news/2023-12-23/bruce-lehrmann-defamation-trial-network-ten-lisa-wilkinson-ends/103260752">cross-examination</a> of the protagonists, witness testimony from colleagues, CCTV footage from nightclubs to Parliament House complete with lip-reading, expert testimony on alcohol consumption and consent, and lawyers constructing timelines which supported or poked holes in competing versions of events.</p> <p>The complexity of high-stakes legal proceedings was on display, with Justice Lee issuing many interim decisions on questions of procedure and evidence. Whenever transparency was at stake, it won.</p> <p>The preference for full disclosure led to the <a href="https://www.theguardian.com/law/2024/apr/02/bruce-lehrmann-defamation-trial-network-10-fresh-evidence-bid-lisa-wilkinson-brittany-higgins-delay-ntwnfb">case being re-opened</a> at the eleventh hour to call former Channel 7 producer Taylor Auerbach as a witness, providing a denouement that the judge called “sordid”, but which had little relevance to the final result.</p> <h2>An argument over the truth</h2> <p>Lehrmann had the burden of proving that the defendants published matter harmful to his reputation. That matter was Wilkinson’s interview with Higgins on Channel Ten’s The Project in which the allegations were made.</p> <p>A statement is only defamatory if it’s untrue, but in Australian law, the publisher bears the burden of proving truth, should they opt for that defence. And more serious allegations usually require more compelling proof, as the law views them as inherently more unlikely.</p> <p>This can be onerous for a defamation defendant, but it also involves risk for the plaintiff, should the defendant embark on an odyssey of truth-telling yet more damaging to the plaintiff’s image. That happened to <a href="https://www.bbc.com/news/world-australia-65717684">Ben Roberts-Smith</a> and it happened to Lehrmann here.</p> <p>On the other hand, if the media hasn’t done their homework, as in <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1223">Heston Russell’s case</a> against the ABC (also presided over by Justice Lee), the complainant can be vindicated.</p> <p>This case was a manifestation of Lehrmann’s professed desire to “<a href="https://www.theguardian.com/australia-news/2023/oct/26/how-bruce-lehrmanns-media-interviews-cost-him-his-anonymity-in-toowoomba-case">light some fires</a>”. Few players in this extended saga have emerged without scars, and here he burned his own fingers, badly.</p> <p>As Justice Lee put it, Lehrmann, “having escaped the lion’s den [of criminal prosecution], made the mistake of coming back to get his hat”.</p> <h2>How was the case decided?</h2> <p>Lehrmann denied having sex with Higgins, whereas Higgins alleged there had been non-consensual sex. The defamatory nature of the publication centred on the claim of rape, so that was what the media defendants sought to prove.</p> <p>This left open the curious possibility that consensual sex might have taken place: if so, Lehrmann would have brought his case on a false premise (there had been no sex), but the media would have failed to defend it (by not proving a lack of consent), resulting in a Lehrmann win.</p> <p>That awkward scenario did not arise. The court found sex did in fact take place, Higgins in her heavily-inebriated and barely-conscious state did not give consent, and Lehrmann was so intent on his gratification that he ignored the requirement of consent.</p> <p>Justice Lee found Lehrmann to be a persistent, self-interested liar, whereas Higgin’s credibility issues were of lesser degree, some symptomatic of a person piecing together a part-remembered trauma. The judge drew strongly on the evidence of certain neutral parties who could testify to incidents or words spoken in close proximity to the events.</p> <h2>Defamation laws favour the aggrieved</h2> <p>Australian defamation law has historically favoured plaintiffs and, despite recent <a href="https://www.ruleoflaw.org.au/civil/defamation/2021-law-reform/">rebalancing attempts</a>, it remains a favoured legal weapon for those with the resources to use it.</p> <p>This includes our political class, who sue their critics for defamation with unhealthy frequency for a democracy. In the United States, public figures don’t have it so easy: to win they must prove their critics were lying.</p> <p>In Australia, the media sometimes succeeds in proving truth, but contesting defamation proceedings comes at great financial cost and takes an emotional toll on the journalists involved.</p> <p>Nor can a true claim always be proven to a court’s satisfaction, given the rules of evidence and the fact that sources may be reluctant to testify or protected by a reporter’s guarantee of confidentiality.</p> <p>But this case demonstrates that publishers with an appetite for the legal fight can come out on top.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/225891/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/brendan-clift-715691"><em>Brendan Clift</em></a><em>, Lecturer of law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/judge-finds-bruce-lehrmann-raped-brittany-higgins-and-dismisses-network-10-defamation-case-how-did-it-play-out-225891">original article</a>.</em></p>

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