Dismissal of lawsuit emphasizes importance of journalism in addressing serious public interest issues such as rape

Location: Australia, Sydney

Date: April 15, 2024

Women Press Freedom welcomes the dismissal of charges of defamation against journalist Lisa Wilkinson and broadcaster Network 10. The verdict follows a protracted legal battle initiated by Bruce Lehrmann, who alleged defamation over statements made concerning the case of Brittany Higgins, who accused Lehrmann of raping her in 2019. While Lehrmann has not faced criminal conviction for the alleged rape due to the collapse of the trial against him, the ruling in the defamation proceedings states that the reporting by Wilkinson and Network 10 was substantially true. The civil court judge concluded that Lehrmann likely committed the alleged rape, despite not facing a criminal conviction for it. The dismissal of Lehrmann's lawsuit against Network 10 and Lisa Wilkinson signals a victory for press freedom, affirming the critical role of journalists in holding power to account and reporting on matters of public interest, particularly concerning issues as grave as rape.

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“Today the Federal Court has found that I published a true story about a rape in a federal minister’s office at Parliament House in March of 2019,” stated veteran journalist Lisa Wilkinson to the press in Sydney, following the announcement of the verdict in the libel case against her by Bruce Lehrmann on April 15, 2024.

“I sincerely hope that this judgment gives strength to women around the country.”

After a year-long legal battle, Wilkinson and Network 10 have been cleared of defamation charges for their reporting on the case of Brittany Higgins, a former Liberal party staffer who says she was raped by her work colleague Bruce Lehrmann.

Last year, a criminal trial against Lehrmann for the rape allegations collapsed due to jury misconduct and was abandoned due to concerns over Brittany Higgins’ mental health. 

Lehrmann filed a defamation lawsuit against Network 10 and Wilkinson following an interview with Higgins broadcast on The Project in February 2021. In the broadcast, she disclosed being raped by a work colleague in the office of Senator Linda Reynolds in Parliament House after a night out in Canberra in March 2019.

In the aftermath of the interview, Wilkinson garnered widespread praise for amplifying Higgins' voice and exposing the pervasive culture of abuse.

Although Lehrmann was not named in the interview, he contended that the details provided implied his involvement, which he claimed had a devastating impact on his reputation. He was seeking millions in damages from Wilkinson and Network 10.

In court, Wilkinson and Network 10 relied on truth defense to challenge Lehrmann’s defamation claim, meaning they tried to prove that Higgins was raped by Lehrman to defend their reporting.

In his ruling, Justice Michael Lee clarified that his decision was not to establish criminal guilt but rather whether the actions met the natural and ordinary meaning of the word 'rape' and were proven on the balance of probabilities, a threshold lower than the "beyond reasonable doubt" standard in criminal cases. Justice Lee concluded, "Mr. Lehrmann raped Ms. Higgins."

Lehrmann, who continues to maintain his innocence, has filed multiple defamation lawsuits against news networks and journalists for reporting on Higgins’ allegations, including ABC and News Corp. Both media outlets settled these cases outside of court for substantial amounts.

In a separate but related case, television presenter Wilkinson is suing her employer, Network 10, for over $700,000 in legal costs related to the Bruce Lehrmann defamation case. Wilkinson, who used a separate legal team, claims that Network 10 reneged on an agreement to cover her legal expenses for the trial. 

Court documents reveal that Network 10 initially accepted liability to indemnify Wilkinson but later refused to pay, arguing that payment should wait until the conclusion of the proceedings. 

Despite the financial dispute, both parties agreed to maintain a cooperative approach in defending against Lehrmann's defamation claim.

Wilkinson's legal action shows the challenges journalists face in pursuing truth and accountability, often at significant personal and financial risk.

Women Press Freedom applauds the outcome of the case, recognizing its implications for journalistic integrity and the pursuit of truth in reporting sensitive issues. Despite Bruce Lehrmann's claims of defamation regarding certain statements, the court found substantial truth in the allegations, basing its ruling on evidence. This verdict sheds light on Lehrmann's likely involvement in the alleged rape, even in the absence of a criminal conviction. Persistently attempting to silence media outlets through legal recourse, Lehrmann sought to stifle the victim's voice and pressure outlets into settling outside of court to evade prolonged and costly legal battles. This verdict signals a pivotal moment, demonstrating that the civil court stands in alignment with truthful reporting, rendering Lehrmann's attempts to intimidate and sue the press futile.

Women Press Freedom is an initiative by The Coalition For Women In Journalism

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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