March 19, 2024

Billionaire Wins Defamation Case Against Australian Media Group

Justice Wigney said that while Mr. Garnaut asserted that “he had taken care to avoid conveying anything beyond a strong suspicion that Dr. Chau had bribed Mr. Ashe, I was not satisfied that Mr. Garnaut had in fact exercised reasonable care.”

“Had he done so, he would not have used the sensationalist, hyperbolic and generally derisive language that he used in the article,” the judge added. “Nor would he have included the assertions about Dr. Chau possibly remaining in China to avoid extradition.”

Mr. Chau’s lawyer, Mark O’Brien, said that his client was currently in Australia, and assertions that he was too worried to return were “completely inaccurate and that’s why we sued.”

In a statement, Fairfax Media said it was disappointed that the judge “did not uphold our public interest defense, which was the only one available to us under Australian defamation law, and was not persuaded by our evidence.”

Mr. Garnaut defended his reporting, saying: “I took great care in compiling this story, building on six years of close observation. I believe the story was reported fairly, responsibly and in the public interest.”

Andrew Hastie, an Australian lawmaker who has been critical of Mr. Chau, assailed the verdict.

“Generally speaking, we are concerned about the impact that defamation laws in Australia are having on responsible journalism that informs Australians about important national security issues,” he said.

Several Australian politicians have accused China of meddling in the country’s politics, and last year Parliament passed a foreign interference law that requires foreign lobbyists to register on a public list. The legislation also makes it illegal to engage in any covert activity on behalf of a foreign government that aims to influence the process of Australian politics — including activities typically protected in a democracy, like organizing a rally.

Article source: https://www.nytimes.com/2019/02/22/world/australia/chau-chak-wing-defamation-fairfax-media.html?partner=rss&emc=rss

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