Former Special Forces Commando Heston Russell repeatedly asked for a correction and an apology for stories the ABC published that defamed him and November platoon. The ABC accused them of committing war crimes in Afghanistan at a time when they weren’t even in that country.
Heston had to sue the ABC for defamation instead. The judge noted the ABC became defensive and considered any criticism as merely part of a culture-war attack. If they had responded properly, the taxpayers could have saved millions of dollars.
The response from the Minister shows a similar level of denial and lack of accountability, answering serious questions with cheap political taunts. What the government needs to remember here is that special forces commando, Heston Russell, was a victim of disinformation published by the ABC. It was an ordeal that he calls the ‘hardest battle he has ever fought’.
As the Government failed to answer, their Misinformation and Disinformation Bill WOULDN’T protect people like Heston Russell from fake news by the ABC as they’ll be excluded from the Bill.
Transcript
Senator ROBERTS: My question is to the Minister representing the Minister for Communications, Senator Watt. Former special forces commando Heston Russell repeatedly asked for a correction and an apology for stories the ABC published that defamed him and November Platoon, accusing them of committing war crimes in Afghanistan at a time when they weren’t even in that country. He offered to settle the case for $99,000, which the ABC refused, and proceeded to trial. The defamatory articles were brought to the attention of Minister Rowland, the Minister for Communications, by a 26,000-signature petition, which she acknowledged on 20 March and on which she failed to act. Minister, what is the cost to the taxpayer for the ABC’s legal fees in this matter so far?
Senator WATT (Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management) : Thank you, Senator Roberts, for that question. I will have to take on notice the exact details of that question that you’ve asked. Presumably, these are matters that you’d also have the opportunity to ask the ABC at estimates next week. So I am happy to come back to you with any details that I can provide on that. The broader issue around any defamation action taken against the ABC is really a matter for ABC management. Of course, this government believes in the independence of the ABC and, in particular, its editorial independence.
Senator Rennick: You mean the bias.
Senator WATT: Senator Rennick, on the other hand, thinks that it’s a biased organisation. That’s a very disappointing remark to make about the national broadcaster but perhaps one that we’re used to after years of ABC cuts under the former government. It would appear that Senator Rennick isn’t the only member of the opposition who regards the ABC as biased. Again, it’s a very disappointing view to express about the national broadcaster—the only publicly funded broadcaster. Again, it probably indicates why the ABC suffered such severe funding cuts under the former government.
So, Senator Roberts, you’ll obviously have the opportunity to ask those questions of ABC management at estimates next week. I know Senator Henderson always has questions for the ABC as well, so she will no doubt do that again next week.
Senator Ruston interjecting—
Senator WATT: Sorry, Senator Ruston, we get to answer the questions, and I’ve already—
Honourable senators interjecting—
The PRESIDENT: Order, across the chamber! Minister Watt, please refer to me when you’re answering the question. Senator Henderson?
Senator Henderson: On indulgence—
The PRESIDENT: No, Senator Henderson. Resume your seat. Minister, please continue, or have you finished your answer?
Senator WATT: I actually answered the question in the first five seconds by saying that I’d take those details on notice. But I’m obviously able to then comment on the question more broadly, and that’s what I’ve spent one minute and 55 seconds doing.
The PRESIDENT: Senator Roberts, a first supplementary question?
Senator ROBERTS: The judge in this trial was scathing of the ABC journalists involved in the case, saying they became defensive and considered any criticism as merely part of a culture-war attack and this inhibited ‘a proper remedial response to criticism’. The ABC journalists thought they were part of a culture war, and that prevented them from acting impartially and reasonably, leading to a potential multimillion dollar bill to taxpayers. Minister, what consequences will the journalists involved face for eroding people’s trust in the ABC, and why hasn’t their employment already been terminated?
Senator WATT: Senator Roberts, I’m pleased to inform you that Australia now has a government that doesn’t have political interference in the ABC and so we have no intention of repeating the sort of intervention that we’ve seen—
Opposition senators interjecting—
Senator Canavan: Where’s the accountability?
The PRESIDENT: Order!
Senator WATT: from some of the people who are yelling across the chamber now in matters involving the ABC. These are matters that are the responsibility of ABC management, and we respect their independence. I understand, Senator Roberts, that the Federal Court has obviously handed down its decision in these defamation proceedings. There do remain several settlement matters before the court, so I probably shouldn’t be commenting any further on what might happen there. And, as I’ve said, the ABC is responsible for managing its legal matters, including defamation claims and litigation, just as any media proprietor, whether it be publicly funded or privately owned, is responsible for managing its legal matters, including when it’s sued for defamation. We believe that the ABC is a trusted source of news, information and entertainment for all Australians and we support it.
The PRESIDENT: Senator Roberts, a second supplementary question?
Senator ROBERTS: Minister, Heston Russell was a victim of disinformation published by the ABC in an ordeal that he has called the ‘hardest battle he has ever fought’. Can you please confirm that Minister Rowland’s misinformation and disinformation bill would not cover the ABC and won’t protect people like Heston Russell from government disinformation?
Senator WATT: Senator Roberts, I’m very pleased that you’ve taken an interest in matters involving misinformation and disinformation. I welcome your sudden interest in misinformation and disinformation, and I hope that that’s something that you will retain an interest in when it comes to election campaigns that you’re involved in, Senator Roberts. I really do hope that you do that. We’d like to hear more about that.
Senator Canavan: Mediscare was a great example!
Senator WATT: And, Senator Canavan—he’s a big fan of misinformation and disinformation as well, so I look forward to Senator Canavan supporting us in tackling misinformation and disinformation.
Senator Rennick: Where’s this greenhouse that you keep talking about? Talk about disinformation—
Senator WATT: Oh, and Senator Rennick. We’ve got everyone! We’ve got all of the kings of misinformation and disinformation up commenting today!
Senator Rennick interjecting—
Senator WATT: Hello, Gerard; how are you? Of course, the government does have legislation before the parliament to deal with misinformation and disinformation. We think that it is an important issue in today’s media environment, particularly in the social media environment that we’re operating under, and we think that it’s an important piece of legislation to deal with.
