Category: Defamation

“…theoretically at least, Ben Roberts-Smith could be prosecuted for War Crimes under Article 8 of the Rome Statute. But the criminal standard of proof beyond reasonable doubt is a much higher bar to be leapt than mere proof on the balance of probabilities, and the ICC already has its hands more than full.” The recent […]

"How dramatically the digital world seems to have jumped way ahead of our institutions and the protections they offer to citizens."
The controversial but tantalizing biopic Monster: The Jeffrey Dahmer Story walks a very fine line between chronicling true events and romanticizing the horrors of cannibalism and murder. Such dark television viewing, however, calls into play a string of ethical and legal implications.
Some years ago I attended a breakfast at the Sheraton Hotel on the Gold Coast, at which the then highly-respected - and now much-maligned - Victoria Cross recipient, Ben Roberts-Smith, was the featured guest speaker. In his riveting address, Mr Roberts-Smith enthralled his audience with a detailed account of his service with the Australian Defence Force in Afghanistan, including the extraordinary events that saw him bestowed Australia’s highest award for valour and devotion to duty in the theatre of war. As anyone who has heard the war hero’s harrowing tale of combat and courage under fire could tell you, it’s a hell of a yarn. And boy, did he tell it well.
They say the truth will set you free. But when it comes to defamation, I wouldn't count on it. The recent rush of "Me Too" revelations has set up what promises to be some very interesting defamation litigation in the not too distant future.
The nasty news, gossip and scandal that started with Hollywood heavyweight Harvey Weinstein has grown into a tsunami of distasteful allegations of misogynistic and worse sexual misconduct in the United States, reaching to the very upper echelons of the industry. It has been fascinating to watch the reaction from all corners of the community, one that perhaps marks a pivotal turning-point in cultural attitudes regarding the latitude we as a society will permit those in positions of power. It has already seemingly sounded the death knell for the once stellar careers of more than a few noted luminaries in Hollywood and Washington.
The threat last week by One Nation Senator Malcolm Roberts to report Fairfax Media journalists to police for stalking, raises some interesting questions. Last Thursday the Senator’s senior media adviser, Sean Black, threatened to complain to police about what he called "continued pestering" and "harassment". His claims followed allegedly persistent emails from journalists seeking answers from Senator Roberts about renunciation of his UK citizenship, in the context of the broader dual nationality debate. Mr Black reportedly told Fairfax Media to "stop the harassment" and warned that further “pestering or harassment” would be referred to the Queensland Police Service for prosecution.
Some court cases concern life and liberty, some are about money and manipulation, and others grubby politics and power. But in defamation cases everything’s at stake. Our reputation and good name is our most valued asset, because when all is said and done it’s all we have. Youth is transient, beauty skin-deep, and material riches illusory. Our physical strength and allure inevitably wane and fade like yesterday’s flowers, and affluence and influence desert us like a fickle, fatuous friend.
Nyst Legal is recognised as one of Queensland’s leading criminal and regulatory law firms.Whilst we have been based on the Gold Coast for the past four decades we have always practised extensively in all Brisbane courts, as well as those in other metropolitan and regional centres throughout Queensland and New South Wales. We have now established a presence in the Brisbane CBD at Level 27, Santos Place, 32 Turbot Street, Brisbane, to service and build on our Brisbane-based clientele, particularly in criminal and regulatory matters.