‘The biggest defamation case we’ve had’: Judgment day in Roberts-Smith case

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‘The biggest defamation case we’ve had’: Judgment day in Roberts-Smith case
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One of the nation’s biggest defamation judgments will be delivered on Thursday when the Federal Court rules on Ben Roberts-Smith’s multimillion-dollar case five years after the decorated former soldier filed the lawsuit.

wrongly accused him of war crimes, bullying a fellow soldier, and an act of domestic violence against a former lover in a series of stories published in 2018.

“[It’s] the biggest defamation case we’ve ever had, at least in recent times, because of the nature of the reporting, the seriousness of the allegations and the status of the claimant,” said University of Melbourne Law School Associate Professor Jason Bosland, director of the Media and Communications Law Research Network.

The Marsden case was “extraordinary in its dimensions”, trial judge David Levine said in 2001, adding that “as far as I know it has been the longest and ‘biggest’ defamation action in this country’s history”. Bosland said that if the court found in the outlets’ favour it would vindicate the media’s role in such investigations.

“It really does demonstrate the downside of bringing defamation claims because it can expose you to further reputational harm” even if the case was ultimately won, he said. Under the new defence, which has yet to be tested in the context of a full trial, a publisher must prove the allegedly defamatory matter “concerns an issue of public interest” and they “reasonably believed that the publication of the matter was in the public interest”.

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