The Reachers’ Bet

Journalists never lie to bring down a leftist: Nine admits Andrew Laming upskirt story untrue.

Nine has admitted the central claim of a television news report about a federal MP – which earned the network a Walkley Award – is untrue, leaving the media company potentially liable for a massive damages payout.

Given the imputations carried in the news report, any damages payout awarded to Dr Laming would likely be a six-­figure sum.

On March 27 last year, Nine aired a segment on its nightly news bulletin in which then federal MP Andrew Laming was accused of committing the criminal offence of taking an inappropriate “upskirting” photo of a Brisbane store worker, Crystal White, without her consent…

In February, Nine journalists Peter Fegan and Rebeka Powell won a Walkley Award in the television/video news reporting category for their submitted work titled “The Investigation of Andrew Laming”, despite the defamation action being before the courts at the time.

Walkley Foundation chief executive Shona Martyn said the journalism awards body “is aware this matter is before the courts and will monitor the situation”.

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48 Responses to The Reachers’ Bet

  1. C.L. says:

    Nine has admitted the central claim of a television news report about a federal MP – which earned the network a Walkley Award – is untrue, leaving the media company potentially liable for a massive damages payout.

    On March 27 last year, Nine aired a segment on its nightly news bulletin in which then federal MP Andrew Laming was accused of committing the criminal offence of taking an inappropriate “upskirting” photo of a Brisbane store worker, Crystal White, without her consent.

    Dr Laming was never charged over the incident, and repeatedly requested Nine apologise to him for the erroneous claim that he upskirted Ms White. He also asked for the story to be removed from the network’s digital platforms. Nine refused to comply.

    The former politician subsequently launched defamation proceedings against Nine last August, seeking general damages, aggravated damages and special damages, as well as legal costs that will run into the hundreds of thousands of dollars.

    Given the imputations carried in the news report suggested serious criminal behaviour, any damages payout awarded to Dr Laming would likely be a six-­figure sum.

    For the past 12 months, Nine has defended the truth of the news report but last Thursday the network quietly amended its defence in the Federal Court, six weeks before the matter was to go to trial.

    The amended documents withdrew most of the news report’s central claims, most notably that Dr Laming had taken a lewd photograph of Ms White.

    The lodged documents also include an admission that the news report had conveyed some defamatory imputations of Dr Laming and he was “entitled to damages”.

    Nine has entirely withdrawn its “truth” defence in relation to the “upskirting” claim, as well as its defences of “qualified privilege” and “honest opinion”.

    In February, Nine journalists Peter Fegan and Rebeka Powell won a Walkley Award in the television/video news reporting category for their submitted work titled “The Investigation of Andrew Laming”, despite the defamation action being before the courts at the time.

    Walkley Foundation chief executive Shona Martyn said the journalism awards body “is aware this matter is before the courts and will monitor the situation”.

    Nine declined to comment on Wednesday.

    In launching defamation proceedings last year, Dr Laming’s lawyers claimed: “By reason of publication by Nine Network and TCN 9 of the Nine news report, and the republications of it and the substantial grapevine effect, Laming has been gravely injured in his character and reputation, and has suffered substantial hurt, distress and embarrassment and has and will continue to suffer loss and damage.”

    The claim outlined various aggravating factors of Dr Laming’s “hurt”, including Nine’s characterisation of Ms White as his “victim … The respondents knew and intended that the allegations in the Nine news report would ­irrevocably damage Laming’s personal and professional ­reputation.”

    The parties have been ordered to attend a mediation hearing in the Federal Court on Friday.

    —————-

    James Madden, Media Editor, The Australian

  2. Terry says:

    David Leyonhjelm was forced to pay six figures for offending a sacred cow.

    On the whale-scale, surely this is at least seven figures.

  3. Prospero says:

    Oh dear. Now I’m worried that Bucco will be here to point out that by using “lie”, you’re presuming the worst possible interpretation of what happened.

  4. Entropy says:

    I am concerned the shop worker in question was named Crystal. At least it wasn’t Honey, Bunny or Waterfall I guess.

  5. Entropy says:

    Serious question, would damages include loss of future income?
    Another two or three parliaments on a parliamentary salary in a safe seat would have to worth a fair bit.

  6. Boambee John says:

    Perverse Preposterous

    It’s sweet of you to worry so much about a fellow commenter.

    Some of us also worry that your political single focus might blind you to events that do not fit your preferred “narrative”. We suggest that you even occasionally question your beliefs in matters like the mental state of Creepy Joe and the fascist behaviour of left wing groups such as BLM and Ante-fa (precursor to fascism)

  7. cuckoo says:

    Even if it had been true, do they actually give Walkleys for stories about upskirting?

  8. Boambee John says:

    cuckoo

    Like many such stories, it was not about “upskirting”. It was about exposing those eeeevvillll conservatives as sex-crazed animals.

  9. Nos_Pullum says:

    BJ

    Ante-fa. I like that. Entirely on the money.

  10. Buccaneer says:

    Oh dear. Now I’m worried that Bucco will be here to point out that by using “lie”, you’re presuming the worst possible interpretation of what happened.

    Way to prove my point, dipstick.

  11. Buccaneer says:

    Laming should sue the Walkleys too, they’ve selected a piece of journalism for elevation that (as it’s been retracted) is based on fiction, promoting it and giving it more credence as fact.

  12. Prospero says:

    It’s very hard to get any sense out of you bucco.

    In case you hadn’t noticed, defamation can happen if a journalist publishes a story they believe to be true, but later turns out to be a lie by an informant. Do you think it’s fair to say that the journalist “lied” too in publishing a story in those circumstances?

  13. Boambee John says:

    Perverse Preposterous

    Do you think it’s fair to say that the journalist “lied” too in publishing a story in those circumstances?

    Perhaps, but do you agree that the j’ismist was criminally incompetent to fail to check before publishing? Was this a story that the j’ismist thought was simply “Too good (for advancing the “narrative”) to check? Was the individual a j’ismist, or essentially a political campaigner?

    See also, Porter, Christian and Pell, George for more probable examples of the “j’ismist” as political campaigner.

  14. Buccaneer says:

    From the report.

    The amended documents withdrew most of the news report’s central claims, most notably that Dr Laming had taken a lewd photograph of Ms White.

    It’s a basic tenet of journalism, particularly journalism that is to be awarded with excellence, that the basic facts of the article be checked properly. Identifying that the accused didn’t actually take the photo and that the article in question actually resided on the social media of the alleged victim, is such an obvious basic fact check that is seems almost impossible that damage to Mr Laming was not the purpose of the exercise.

    They also didn’t remove the article when requested and when the basic facts were pointed out.

    You pretend to believe in fairness Perpo, but you really just don’t.

  15. Prospero says:

    Perhaps, but do you agree that the j’ismist was criminally incompetent to fail to check before publishing?

    Just part of the routine exaggeration that passes for commentary here?

    Defamation is a tricky area because of the rubberiness of how reasonable is reasonable when trying to ascertain whether an allegation is true and should be published.

  16. Old School Conservative says:

    I had a look at Wikipedia to find out more about Andrew Laming and was interested to read:
    On Australia Day in 2014, at a barbecue in his electorate of Bowman, Laming sculled a beer while performing a handstand
    He can’t be all bad!

  17. Boambee John says:

    Perverse Preposterous

    You are quite correct, I withdraw the word “criminally”, and replace it with “grossly”. Thanks for highlighting this issue.

  18. WolfmanOz says:

    So do the “journalists” they have to return the Walkleys ?

  19. Morsie says:

    The goal of getting him out of politics was achieved. Any damages will be seen as worthwhile .Probably endless appeals and insurance anyway.

  20. Entropy says:

    On Australia Day in 2014, at a barbecue in his electorate of Bowman, Laming sculled a beer while performing a handstand
    He can’t be all bad

    Nobody totally lacks redeeming features, even the milky bar kid. That said, I suspect Laming is another one of those typical sociopathic narcissistic politician we seem to be infested with these days. For example, in addition to his beer sculling capabilities we could also say at least he is not a Walkley award winning journalist.

  21. Buccaneer says:

    This is the second time in two days Perpo has tried and failed dismally to defend the indefensible. He then resorts to a sad attempt at being the exaggeration police. Which is pretty laughable given the invective he constantly throws around.

    Not much self reflection.

  22. Prospero says:

    failed dismally to defend the indefensible.

    I reckon Paul Barry would agree with every take I have.

    Look, no mainstream politician would take this blog (or the old Catallaxy) seriously because it is just routinely ridiculous hyperbole that lives in Right wing conspiracy and hyperpartisan conservative Catholic world (where even the Pope isn’t Catholic enough, and fascism with a Christian flavour gives people the horn.)

  23. C.L. says:

    Prospero, you’ve expressed your loathing of the site many times.

    If it’s not your thing, move on.

  24. Terry says:

    @ Buccaneer

    The Exaggeration Police starring Hyperbole Prospero.

    Now there’s a movie just begging to be made by no one.

  25. Cassie of Sydney says:

    “Look, no mainstream politician would take this blog (or the old Catallaxy) seriously because it is just routinely ridiculous hyperbole that lives in Right wing conspiracy and hyperpartisan conservative Catholic world (where even the Pope isn’t Catholic enough, and fascism with a Christian flavour gives people the horn.)”

    The writer of these words needs urgent psychological help.

  26. Prospero says:

    What are you doing here Cassie? Can’t find an ageing politician to harass on the street?

  27. Cassie of Sydney says:

    “Prospero says:
    1 September, 2022 at 1:06 pm
    What are you doing here Cassie? Can’t find an ageing politician to harass on the street?”

    No Preposterous, I don’t harass anyone on a street, but since you’ve raised the topic, it’s nice that you care so much about John Howard’s wellbeing. Were you so caring when a man threw a shoe at John Howard on Q&A? I bet you thought that was a hoot. Oh and were you so caring when Tony Abbott was assaulted in broad daylight in Hobart back in 2017? I bet you thought that was a hoot also.

    You’re a dickhead. As I wrote above, you need help.

  28. Chris Vardanega says:

    And now for the BRS decision.

  29. Prospero says:

    If you don’t want to be ridiculed about how you made John Howard shake on the street by force of your, ahem, assertiveness, you shouldn’t talk about it on a public blog.

  30. Cassie of Sydney says:

    I have a stalker, a very creepy and misogynistic stalker.

  31. Boambee John says:

    Perverse Preposterous

    I reckon Paul Barry would agree with every take I have.

    What makes you think that we care what a pompous prat like Paul Barry (or you) thinks?

    Look, no mainstream politician would take this blog (or the old Catallaxy) seriously because it is just routinely ridiculous hyperbole that lives in Right wing conspiracy and hyperpartisan conservative Catholic world (where even the Pope isn’t Catholic enough, and fascism with a Christian flavour gives people the horn.)

    So why do you waste your time here? Is your life so dull and mundane that you get a frisson of excitement being here? A couple of weeks ago you mentioned the need to get back to work, but you still spend a lot of time here.

    Is your job so irrelevant to anything that no-one notices how little work you do? Worse, are you so incompetent that your employer prefers you to be wasting time here, rather than causing actual damage in the workplace?

    Enquiring minds etc.

  32. Buccaneer says:

    Citing Paul Barry as your reference point for reasonableness is hilarious. It just demonstrates how unhinged you are.

    Then you go on to prove the rest of my point. Few people other than the small percentage of horrid lefties that pretend debate includes the tactics you are constantly outed for on this blog care much for the way you conduct yourself.

    If this blog is so terrible, why would you spend so much of your time here, unless someone is paying you to be here.

    You’ve embarrassed yourself so many times.

  33. Boambee John says:

    Buccaneer

    If this blog is so terrible, why would you spend so much of your time here, unless someone is paying you to be here.

    There is nothing else of significance in his shriveled life?

  34. Entropy says:

    Well, prospero does get social interaction here.

  35. Prospero says:

    Citing Paul Barry as your reference point for reasonableness is hilarious. It just demonstrates how unhinged you are.

    He did recently criticise the ABC for paying scant attention to the closure of Travistock clinic in the UK. I thought you would have given him marks for that.
    I’ve suggested they look at the grubby attempts of RW to smear Biden as a daughter molester, but it might be too much to dignify with attention. We’ll see.

  36. Buccaneer says:

    Media watch makes token attempt at criticism for egregious omission of lefty overreach, suddenly we should all forget the vast history of taxpayer funds abused by the ABC and return to get our daily indoctrination. You truly live in a fantasy world.

    Close it down, sell the property and assets, pass legislation to never repeat it again. You can pay for your own wankfest.

  37. Prospero says:

    Close it down, sell the property and assets, pass legislation to never repeat it again. You can pay for your own wankfest.

    Be prepared for permanent disappointment. (I can only think of one program I watch that is not on the ABC or SBS, and I appreciate your contributions to my viewing habits.)

  38. Prospero says:

    Maybe I can make up stickers or badges or something as a reward.

    “I help fund the ABC (and someone appreciates me for it)”

    [Unhappy face symbol beneath that]

  39. Buccaneer says:

    No surprises in any of that, you’re just proving Cassie right.

  40. Prospero says:

    In unrelated news:

    Democrat Mary Peltola has won a special election for the U.S. House in Alaska, defeating Republican Sarah Palin and becoming the first-ever Alaska Native to win a seat in Congress as well as the first woman to clinch the state’s at-large district.

    Peltola’s win flips a seat that had long been in Republican hands.

    Th

    More good news, for some of us.

  41. Boambee John says:

    Perverse Preposterous

    He did recently criticise the ABC for paying scant attention to the closure of Travistock clinic in the UK.

    Awarded one mark out of a potential score of 1,000.

    I’ve suggested they look at the grubby attempts of RW to smear Biden as a daughter molester, but it might be too much to dignify with attention.

    Perhaps they looked at the video evidence of his other pre-occupations, and decided not to highlight any related issue?

    Be prepared for permanent disappointment. (I can only think of one program I watch that is not on the ABC or SBS, and I appreciate your contributions to my viewing habits.)

    Much is thereby explained. The limited range of general knowledge, the narrow outlook, the self-satisfied pompousness. And those are the good points.

    Maybe I can make up stickers or badges or something as a reward.

    Make them up in large quantity, post them to CL. We will ensure that they receive appropriate distribution. There are so many public toilets around the nation in need of urinal targets.

  42. Franx says:

    The Walkley does not seem to have in place any self-reflective guiding principles, although a throwaway claim in the promotional material is that the Walkley seeks truth. Yet the awards are made not for seeking truth but for revealing truth, even when it is not truth which is revealed and prized but fabrications and lies. A complaint mechanism might be useful in the circumstances, but the Walkley does not have one.

    In other respects, an embedded caveat in the promotional material disavows conflicts of interest in the judging process, which is ironic, since the Walkley ‘judges’ and board are all very very tightly affiliated with the mass media and not at all independent.

    Investigative journalists worth their salt, and seeking nothing more, might be interested in following up on the Walkley set-up.

  43. Shy Ted says:

    CH9 ads are mostly gummint and defacto gummint ads. We’re paying for Ch9. So it’s really a win against taxpayers. Which is not a win.

  44. and says:

    I can only think of one program I watch that is not on the ABC or SBS …

    Is that your rehabilitation program?

  45. Prospero says:

    I can only think of one program I watch that is not on the ABC or SBS …

    I should have said, only one program that I routinely watch. It’s not that I’m like someone who would never go to the ABC on principle. I channel surf sometimes and end up watching bits and pieces of things. Not much on channel 9 ever appeals, even for a short visit, tho.

  46. Huck says:

    CL, Steve from Brisbane had a 1 post per day limit imposed by Sinc.
    He quickly lost interest.
    Not telling you how to suck eggs or anything, but maybe a current day commenter with similar mannerisms and blog clogging intent needs similar treatment.

  47. vlad redux says:

    A Walkley plus $1 buys a coffee at 7-Eleven.

  48. Entropy says:

    I can’t think of the last time I watched something FTA. All streaming at a time convenient etc etc.

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