ABC says press club address could not have been defamatory even if Lehrmann’s identity already widely known
Lehrmann’s statement said aggravating factors in the case included “an apparent contemptuous attempt to prejudice the jury” in the upcoming trial, and that the ABC kept footage up even after the criminal proceedings were dropped. A concerns notice was served, the statement said, but there was a failure to apologise. The show went live so there was no chance to redact anything, and the ABC was “recklessly indifferent to the truth or falsity” of the allegation.
The ABC said the “concerns notice” Lehrmann’s lawyers issued to the ABC was not an actual concerns notice “in that it did not or did not adequately inform the ABC of the harm that Lehrmann considered to be serious harm to his reputation”.A concerns notice is a prerequisite to a defamation action, and gives the accused party a chance to make amends.
The ABC sought more information, but said a second letter still did not comprise a concerns notice, so the defamation proceedings should be dismissed. The ABC also said it broadcast the address “merely in the capacity of a subordinate distributor”, that it did not control the NPC or know in advance what would be said.
“The matters complained of were a fair report of proceedings of public concern,” it said, adding it was a “public meeting” and a matter of “public interest”.
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