Australia media firms join fight against Rebel Wilson's record $3.6 mln defamation payout
26/02/2018 06:41
By Byron Kaye
SYDNEY, Feb 26 (Reuters) - Australian media companies on
Monday sought to join German magazine publisher Bauer Media in
fighting a record A$4.56 million ($3.6 million) defamation
payout to Hollywood actress Rebel Wilson, arguing it set a
dangerous precedent.
The Australian arm of Rupert Murdoch's News Corp NWSA.O ,
Fairfax Media Ltd FXJ.AX , Seven West Media Ltd SWM.AX and
Nine Entertainment Co Holdings Ltd NEC.AX and the Australian
Broadcasting Corp. filed a joint motion to "intervene" in the
case, a lawyer representing the companies said.
The move is a rare show of unity in an industry increasingly
divided along political lines. In 2017, a court awarded the
"Pitch Perfect" Sydney-born star the country's highest
defamation payout, smashing the A$389,000 maximum, by using the
actress's global reach to justify a "special" damages
payment. urn:newsml:reuters.com:*:nL4N1LU1OQ
The Supreme Court of Victoria found that Wilson missed out
on Hollywood roles as a result of a string of articles published
by Bauer which claimed Wilson lied about her age, real name and
some childhood events, even after it knew the allegations were
false.
In Australian law, companies are allowed to seek permission
to intervene in a case if they believe the outcome affects their
business directly. If allowed, they get to argue their case,
separate from the plaintiff and the defendant, during a hearing.
"The concern is that Justice (John) Dixon (of the Supreme
Court of Victoria) found that where aggravated damages are
awarded, the damages cap no longer applies," said Justin Quill
from Macpherson Kelley Lawyers, representing the media
companies.
"This sets a precedent because if someone has an aggravated
damages claim then they can be given unlimited damages - the sky
is the limit," he added.
Wilson's lawyer did not respond to an email requesting
comment.
Bauer wasn't "surprised to see Australia's largest media
organisations supporting its position in relation to the cap on
defamation damages", its general counsel, Adrian Goss, said in
an email.
"That aspect of the court's decision has significant
consequences for all media," Goss added.
Australian media companies routinely intervene in cases when
they want to overturn suppression orders, but rarely in matters
concerning defamation.
Bauer's appeal against the Wilson payout begins on April 18.
(Reporting by Byron Kaye; Editing by Nick Macfie)
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Messaging: byron.kaye.thomsonreuters.com@reuters.net;
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Keywords: ENTERTAINMENT REBEL WILSON/