Around The World With Lawsuits

Michael Hedges April 5, 2023 - Follow on Twitter

Where available, courts are largely jurisdictional. The exceptions - like the World Court and European Court of Justice - are established by treaties. Courts have rules, which can shift in notable circumstances. Court systems in one jurisdiction, overall, are reasonably independent of other jurisdictions. As claims - civil and criminal - become more complex jurisdictional aspects add interesting flavor to the proceedings.

Where available, courts are largely jurisdictional. The exceptions - like the World Court and European Court of Justice - are established by treaties. Courts have rules, which can shift in notable circumstances. Court systems in one jurisdiction, overall, are reasonably independent of other jurisdictions. As claims - civil and criminal - become more complex jurisdictional aspects add interesting flavor to the proceedings.

Satirical Australian news portal Crikey is still defending itself. Fox News chief executive Lachlan Murdoch filed a civil defamation claim last year against publisher Private Media. It has been churning over and over ever since. Mr. Murdoch’s primary charge is that Crikey published a piece (June 29 2022) referring to the Murdoch family as an “unindicted co-conspirator” in the January 6, 2022 attack on the US Capitol., reported Australian public broadcaster ABC (April 4).

This week (April 4) Federal Court Justice Michael Wigney gave Private Media additional time to prepare its defence, adding “contextual truth defence” to the usual public interest and “qualified privilege” available under Australian law. Justice Wigney ordered the parties into a second round of mediation ahead of hearing roughly scheduled for October. He also groused that both parties seem driven by “ego and hubris.”

Fox News, as many have learned, is a television channel owned by Fox Corporation. Rupert Murdoch is board chairperson and son Lachlan Murdoch is executive chairperson and chief executive. Suzanne Scott is chief executive of Fox News Media. Fox Corporation is separate, more or less, from News Corporation, which publishes several newspapers in the US, the UK and Australia.

Usually, the Murdoch publishing and broadcasting empires are defending itself from defamation claims in the US or the UK. The Elder Mr. Murdoch split Fox Corp and News Corp into separate legal entities four years ago then last year tried to fuse them again. It didn’t work out.

The original Crikey article, written by political editor Bernard Keane, was taken down, as demanded by Mr. Murdoch. Then it went back online in August as Private Media challenged Mr. Murdoch to sue. And he did. Private Media has maintained the article is in the public interest and not defamation.

So this week lawyers for Private Media asked the court for permission to “update their defense.” That would unnecessarily delay the court date, argued lawyers for Mr. Murdoch. Mr. Justice Wigney said he was “not persuaded” by Mr. Murdoch’s argument.

Private Media lawyers want to bring evidence to the proceedings that goes to the "heart of Lachlan Murdoch's reputation.” That would be the trove of emails and other correspondence written by Mr. Murdoch and other Fox News executives as well as Fox News performers illuminating a defamation lawsuit brought by Dominion Voting Systems (Dominion), vilified on Fox News broadcasts as part of the “conspiracy” to steal the 2020 US Presidential Election from Donald Trump. "The applicant could have stopped Fox News channel from promoting the lie," said Private Media lawyer Michael Hodge to the court.

Attorney for Mr. Murdoch Sue Chrysanthou told the court she might move to strike anything revealed she doesn’t like. "This defense is not rational, it is not arguable, it's a waste of everyone's time.” The parties will again appear before Justice Wigney on April 11.

Meanwhile, Delaware (state) Superior Court Judge Eric Davis ruled (March 31) a jury trial over the Dominion claim will go forward. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL (sic) clear that none of the Statements relating to Dominion about the 2020 election are true,” said the judge, quoted by CNN (March 31). Unless, the parties agree to a settlement jury selection will begin April 13th. Dominion Voting System is asking for US$1.6 billion in damages.

See also...

• Hot Topics - Defamation Law

• Hot Topics - News Corp/Fox Corp