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The ABC published a video that had additional gunshots inserted into it to try and accuse Special Forces Soldiers of War Crimes. Veteran Heston Russell has been asking for a (deserved) apology for years and if he’d been given one, the ABC could have avoided a multi-million dollar court case.

Now they tout the results of an “independent” review. The person who conducted the review held senior positions at the ABC for decades and is likely still close friends with people who work there. 

The ABC is failing to live up to the standards Australians expect of a $1 billion taxpayer organisation.

The Terms of Reference for the review are so narrow that they likely restricted the review.

The reviewer is an award-winning journalist with a positive reputation. However, when appointing a supposedly “independent” reviewer, it’s important that the reviewer is appropriate in terms of background and experience and that the reviewer has no perceived connection with the organisation they are reviewing.

This reviewer spent decades with ABC-SBS, beginning as a cadet at the ABC in 1979.

The interim report’s recommendations raise integrity as an issue with ABC News, which leads me to conclude that, at best, ABC News is sloppy.

The ABC has blown millions in taxpayer dollars defending its defamatory treatment of Heston Russell and leaves itself open to further scrutiny, yet despite losing the defamation case, the ABC refuses to apologise.

The arrogance here is astounding. Just apologise.

During recent Senate Estimates I checked with the Australian Communications and Media Authority (ACMA) as to why it did not publicise complaints about the ABC, yet pushed out press releases for similar breaches by the Sky Network.

I also inquired into the Optus outage last year to see whether there is any new information around the failure of emergency 000 calls and whether Starlink (high speed satellite internet) was being considered as a backup in the future.

I asked the ADF about whether they could have stepped in and provided the correct information that would have avoided the need for Special Forces veteran Heston Russell to take legal action to clear his name when the ABC published incorrect and defamatory information about him.

All Defence needed to do was clarify to the ABC that Heston wasn’t even in Afghanistan at the time of the allegations and a multi-million dollar legal case could have been avoided.

The Generals wouldn’t even lift a finger to help one of their own Special Forces veterans and they wonder why they have a recruitment crisis.

Transcript

Senator ROBERTS: Thank you. The next line of questioning goes to the topic of Heston Russell. How much, roughly, does the defence department spend each year on legal costs?

Mr D’Amico: I don’t have the exact figures in front of me, but I think our expenditure last year was around the $150 million mark in total.

Senator ROBERTS: Thank you. Can you give me an accurate one on notice, please.

Mr D’Amico: Yes, I’ll take that on notice.

Senator ROBERTS: Did the defence department provide financial or legal assistance to former special forces commander Heston Russell in his defamation case against the ABC recently?

Mr D’Amico: I don’t believe so.

Senator ROBERTS: Why not?

Mr D’Amico: That was a private civil matter. He commenced those defamation proceedings. The way that we provide legal support to former ADF members would be through what I’d describe as a LACE payment made under the Legal Service Directions, and that just doesn’t allow for that sort of circumstance.

Senator ROBERTS: Wouldn’t it have been in the best interests of the defence department to ensure Mr Russell won his defamation case so he could clear his name and the reputation of the November platoon and the
Australian Defence Force in general?

Mr D’Amico: I’m not sure if that’s a comment or a question.

Senator ROBERTS: Would it not be in the best interests? It’s a question?

Mr D’Amico: That’s a difficult—

Mr Moriarty: It’s in the best interests of the department for the law to be upheld. There’s been a legal process.

Senator ROBERTS: I see that. He won, but that’s not your judgement to start. I get that. Nonetheless, to be seen to leave one of your senior people out in the cold doesn’t augur well for people in the armed forces still. Mr Russell spent 16 years in the Australian Defence Force and led November platoon in Afghanistan. He was the subject of a vicious smear campaign by the ABC, who wrongly accused him of war crimes, and the judge was pretty scathing in his comments about the ABC. The Federal Court has now ordered the ABC to pay Mr Russell more than $400,000, plus costs. Why did a veteran have to fight this public battle alone, at his own expense?

Senator McAllister: May I make a number of essentially procedural points? There are three things. The first is that officials have given you advice that they complied with the policy settings that are relevant for this legal assistance that may be provided to personnel. I think the second is that, in asking them to make comment about the appropriateness of those steps, you’re effectively asking them to offer an opinion about the current policy settings. The third thing is just to remind you that Defence was not a party to these proceedings and it’s not really appropriate to ask them, as I think you’ve done just now, to comment on a civil matter.

Senator ROBERTS: Minister, what do you say in response?

CHAIR: Last question.

Senator ROBERTS: I have one more after this. What’s your opinion?

Senator McAllister: I think the officials have given you advice that they have sought to comply with the standard arrangements that are in place for providing legal support to personnel. I don’t have any more to add in
relation to that.

Senator ROBERTS: Has the Department of Defence been in contact with Heston Russell during his three-year ordeal? Did the Department of Defence attend his trial in the Federal Court? Has Defence reached out to
Russell after his victory over the ABC?

Rear Adm. Wolski: I’m not aware of any official contact with Mr Russell. This was a civil defamation case brought about by a private person and it’s not appropriate to comment any further on it.

Senator ROBERTS: Thank you, Chair.

Mr D’Amico: Senator, I can update you on a number. Earlier, I gave an approximate figure of $150 million— in fact, it’s $155,570,000.

Senator ROBERTS: You’ve got a good memory, or you’re accurate.

Mr D’Amico: It was close.

Transcript

Senator ROBERTS: I have another question about the Heston Russell case. Do you accept that much of the time, effort and expense in the Russell and ABC defamation matter could have been avoided if Defence had simply advised the ABC that the November platoon wasn’t even in Afghanistan when Heston Russell was first accused?

Senator McAllister: I think advice was provided earlier that, in the general issue of the civil matter between the ABC and Heston Russell, this is a private matter and Defence were not a party to the case. I think you are now asking Defence to speculate about events that may or may not have happened. I’m not sure that they’re going to be able to offer you an opinion of that kind.

Senator ROBERTS: I can see where you’re coming from.

Senator McAllister: We don’t wish to be unhelpful, but I think there are a number of elements of your question that make it difficult for officials to provide an answer in this forum.

Senator ROBERTS: As I understand it, the SAS people are very close-knit; they have a long association after they leave the Army that’s very much entrenched in comradeship and mateship. I would have thought that the Department of Defence would want to cultivate that because that’s our key strategic weapon as I understand it from talking to former and current members of the ADF. Anyway, that’s fine.

I confronted the ABC about their humiliating defamation loss to Heston Russell and the culture at the ABC. A federal court judge found that the unreasonable actions of ABC journalists led to protracted litigation.

Australian taxpayers are getting a multi-million bill because the ABC got it wrong and couldn’t bring themselves to apologise. Their entire culture needs an overhaul. Will the journalist responsible for publishing

disinformation, failing to act reasonably and costing the taxpayer millions about an elite veteran be punished at all? Apparently not.

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. 

The government’s response to news of shady foreign money potentially influencing the RMIT-ABC Fact Check partnership is silence.

The credibility of ‘independent fact checkers’ has been destroyed. It’s time for the government to abandon its ACMA Misinformation and Disinformation Bill, which relies on fact checkers being the arbiters of truth.

Update: ABC has ended its partnership with RMIT Exclusive: ABC ends seven-year partnership with RMIT Fact Check (crikey.com.au)

Transcript

I rise to take note of the answers the government gave today in relation to foreign influence of the RMIT-ABC Fact Check partnership. As anybody who has been put in Facebook jail knows, the credibility of fact-checkers is in shambles. The fact-checkers are meant to be independent yet they are not. Who fact-checks the fact checkers? Facebook has recently suspended its partnership with RMIT FactLab after media reports revealed the director, former ABC journalist Russell Skelton, is openly campaigning for a yes vote in the upcoming referendum while his organisation dishes out fact checks on the no campaign—hardly impartial, completely conflicted. Then there is the potential foreign influence on the fact-check partnership.

Here are some facts Minister Watt sought and ought to know. Financial statements from the International Fact-Checking Network, the IFCN, show a foreign organisation gave grants to the RMIT-ABC partnership. The IFCN’s funders are a combination of shady private foundations, foreign-headquartered technology giant Meta and even the United States government via its embassy in Bangkok. Why is the taxpayer funded national broadcaster, the ABC, seemingly receiving funds from potential agents of foreign influence for its fact checks? What sort of influence on fact checks do foreign agents buy with this money? These are all frightening questions about how far the influence of this shady, rapidly growing censorship industry reaches.

Fact-checking is being used in a censorship campaign to shut down dissent. During COVID, fact checkers in the Department of Health and Ageing told social media to take down a meme about masks being useless. That was always true. The gold standard Cochrane review confirmed masks are useless. The fact checkers’ outrageous behaviour demonstrates that the government’s misinformation and disinformation bill should be dead in the water. It’s time for the government to admit defeat and abandon their Orwellian censorship power grab. The key to human progress is freedom. Human progress starts with freedom of thought and freedom of sharing thoughts. Freedom of speech is fundamental to human progress.

Related:

Financial statements show an ABC fact check partnership with RMIT received grants from an organisation that receives funds from George Soros funded foreign organisations, foreign governments and shadowy foundations.

Instead of taking these issues seriously, Minister Watt treats the questions with contempt, rabbiting on with meaningless waffle.

If the ABC has been co-opted into “fact checks” that have been influenced by shady foreign money, then Australians deserve to know.

Follow up to these questions here.

Update: ABC has ended its partnership with RMIT Exclusive: ABC ends seven-year partnership with RMIT Fact Check (crikey.com.au)

Transcript

Senator Roberts: My question is to the Minister representing the Minister for Communications, Senator Watt. Why is the ABC receiving funds from potential agents of foreign influence for its fact-checking partnership with RMIT?

Senator Watt: I am not actually aware of the suggestions that Senator Roberts is making. I’m a little wary about taking them at face value, because I know Senator Roberts has a certain view of the ABC that is not a view I share. And I’m not sure Senator Roberts has always accurately represented the situation when it comes to the ABC. I would invite Senator Roberts to present further evidence of that, if he has that evidence available.

What I will say is that this government is a very strong supporter of the ABC. We recognise that it has a very important role as the national broadcaster. It has an important role not just in our big capital cities but also, particularly, in regional parts of Australia. It is often the only way of having local, regional stories told at the national level, and that’s why we are supportive of the ABC. It also plays a very important role during natural disasters as a sort of critical information for people seeking to stay alive during emergencies. They are some of the reasons that we support the ABC, and they are some of the reasons why we were so concerned by the budget cuts that were imposed by the then coalition government on the ABC, because those cuts removed or reduced the ability of the ABC to broadcast those regional stories in some of those areas that Senator Roberts and Senator Hanson like to say they care about. Those cuts reduced the ABC’s ability to provide some of that emergency information that is so vital to rural and regional communities. So we’re very proud of the fact that we’re strong supporters of the ABC. We don’t join in the regular attacks that we see on the ABC from the conservative side of politics, because we think that the institution plays a very important role in our national democracy. We will always remain strong supporters of the ABC.

The President: Senator Roberts, first supplementary?

Senator Roberts: The International Fact-Checking Network’s financial statements show that that foreign organisations gave the RMIT-ABC Fact Check partnership multiple grants. The International Fact-Checking Network receives funds from the US government, a private Norwegian foundation, foreign headquartered tech giant Meta, and a handful of private, shady organisations and foundations. Why didn’t the ABC declare that it was receiving funding from private, foreign organisations and governments for its RMIT fact-checking partnership?

Senator Carol Brown interjecting—

Senator Watt: That’s a fair point, Senator Brown. If there were a fact checker for some of the things that come out of One Nation, they’d be very, very busy. As for Senator Canavan, you wouldn’t even start trying to check facts from Senator Canavan. You’d want to have more than a decade if you wanted to check facts from Senator Canavan.

As I say, I’m very wary of entering into propositions that are being put by Senator Roberts when it comes to foreign interference and foreign influence. He is prone to saying various things about those issues, which don’t always bear fact checking themselves. Again, Senator Roberts, I’d invite you to provide any hard evidence that you have to support the claims that you’re making, but I repeat my position that we are strong supporters of the ABC. In fact, I think the public regard the ABC as the most trustworthy news agency in the country. That is regularly shown in surveys. (Time expired)

The President: Senator Roberts, second supplementary?

The government’s Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill does not define the terms ‘misinformation’ and ‘disinformation’ in specifics. It would likely be left to biased and foreign influenced fact checkers. Facebook has suspended RMIT FactLab services after accusations of bias in fact-checking the Voice referendum and reports of lapsed accreditation. Minister, will the government abandon its Orwellian misinformation and disinformation bill given that the fact checker’s credibility has been destroyed?

Senator Watt: Senator Roberts, thank you for the question. I know that you and a number of members of the Liberal and National parties have a strong position, you say, in relation to matters of misinformation—

The President: Senator Watt, I remind you to direct your comments through the chair.

Senator Watt: Okay. I know that there are many senators from the Liberal, National and One Nation parties who say all sorts of things about misinformation. It doesn’t seem to prevent them from presenting all sorts of misinformation about certain referendums that we’re about to have in this country. It doesn’t seem to prevent them joining in on misinformation and disinformation campaigns telling people that we’re going to be facing parking tickets being legislated by the Voice and all sorts of nonsense like that. If you want to have a discussion about misinformation, I’d suggest that you keep your own house in order and come to this parliament in good faith rather than providing the constant misinformation we see from the other side.

Related:

The Australian Broadcasting Corporation receives over $1 billion a year from taxpayers. I don’t believe we’re getting value for money. It is just being used as a platform for the left to tear down conservatives.

Let me know what you thought of the fact that they covered negative conservative news over 130 times compared to just 20 when it was about the left.

While Local Alice Springs ABC reporters have been congratulated, the ABC has had to apologise for unbalanced reports from its capital city journalists that falsely left the impression a meeting of locals was about white supremacy.

Adding to that, the ABC presents Bruce Pascoe’s ‘Dark Emu’ book filled with exaggerations and some outright lies about aboriginal history on an education site for kids. The ABC receives over $1 billion of your money every year to present fair and balanced reporting, it doesn’t seem like value for money to me.

I talked to Paul Murray about restoring manufacturing in Australia so we can defend ourselves against China and how the ABC’s bias has become palpable.