Australia’s defamation laws are broken. How do we know?
The Attorney General told us so.

In 2019, at the national press club in 2019, AG Christian Porter commented, “I think it is fair to say that current defamation laws no longer strike the perfect balance between public interest journalism and protecting individuals from reputational harm”.

He was launching the case for defamation law reform that would tilt the balance more in favour of protecting public interest journalism, and make it more difficult for the person claiming reputational damage.

Fast forward to 2021 and Porter’s lawyers announced on Monday (the same day hundreds of thousand women marched for justice around Australia) that he is suing the ABC and journalist Louise Milligan for defamation under those same laws he has previously admitted are slanted in his (the plaintiff’s) favour.

It's time to end the silence. With your help our petition demanding an independent inquiry into allegations against Christian Porter now has more than 10,000 signatures! It is more important now than ever.
Please keep sharing: change.org/christianporter

“The trial by media should now end with the commencement of these proceedings,” Porter’s lawyers statement read.
“The claims made by the ABC and Ms Milligan will be determined in Court in a procedurally fair process.”

In announcing the defamation action , there was no mention of Porter’s previous criticism of the unbalanced defamation laws or how he reconciles that past criticism with his embrace of what he now calls a ‘procedurally fair process’ to end his so-called ‘trial by media’.

There is clearly a strong public interest in the public knowing that the nation’s first law officer (the Attorney general) has been accused of a serious crime. Legal experts say however that under the current laws, a ‘public interest’ defence is unlikely to fly.

Furthermore, Porter has chosen to litigate in the Federal Court, fully aware that it is the jurisdiction known to most heavily favour the plaintiff (Porter).

A review of defamation law reform by the Parliamentary Library states “Arguably [there is] and incentive for some parties to litigate defamation actions in the Federal Court to avoid the involvement of a jury in proceedings.”

Porter wants you to believe that his defamation case will serve as a de facto ‘trial’ which would allow the opportunity for the ABC to prove the case against him “to the lower civil standard”. The reality is, as Porter previously acknowledged, this ‘trial’ will be heavily weighted in his own favour.

The other conveniently ignored elephant in the room is the problem of conflict of interest. How can Porter remain Attorney General with oversight of the Federal Court and judicial appointments, while he has a case heard in that same court? How can the judge overseeing the case act without perceptions of bias or self-interest? How can Christian Porter as Attorney General advocate for defamation law reform while at the same time using those laws he has criticised to his advantage.

By using defamation law as the vehicle to try and clear his name,
Porter is amplifying the “chilling effect” that defamation law can have on the ability for journalists to hold powerful figures to account.

When it comes to women’s rights to live safely and free of harassment, silence is said to equal violence. Using defamation law to scare off journalists from reporting such allegations perpetuates that silence.
Porter can ensure he avoids all these problems and still take action to clear his name by asking his Prime Minister to set up an independent inquiry with a genuinely ‘procedurally fair’ process, while he stands aside.

An independent inquiry into whether Christian Porter is a fit and proper person to remain in his role is now needed more than ever.

A retired judge or other suitably qualified person whom Porter has no oversight of, can be appointed to lead the inquiry.

Our petition to demand Scott Morrison set up such an inquiry now has over 10,000 signatures and growing: please sign and share here: change.org/christianporter

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