Nobody can seriously doubt, I think, that Christian Porter would not have been facing calls for a public enquiry (funded by the taxpayer) into allegations against him but for the fact that he is a prominent figure in the Australian government. Understandably, he has concluded that it is necessary for him to clear his name by commencing defamation proceedings against the ABC and its reporter Louise Milligan for repeating these allegations.
In that sense, the legal costs that he will incur in that proceeding arise as an incident of his role as a cabinet minister. Nevertheless, there have been strident calls designed to prevent any part of those costs being paid for out of the public purse.
Conversely, the costs of the ABC will inevitably be paid for out of the public purse. As I understand the Charter of the ABC[1], there is nothing which requires or permits the ABC to engage in political or social campaigning, and yet there are those who apparently assert that it is the duty of the ABC to hound Mr Porter. Certainly, the reports that we have seen so far of the contents of the 33 page statement of the now-dead lady at the centre of the allegations suggest that the ABC was highly selective in what it reported, including material pointing the finger at Mr Porter but excluding material which suggests that the lady’s account was not true, but a fantasy triggered by the “recovered memories” theories of American psychiatrist Bessel van der Kolk[2]. It seems likely that the ABC will not assert that the allegations are true (although they might?) but will instead seek to rely on some sort of “fair comment” defence.[3]
But here’s the question: who will pay the costs of Louise Milligan? Will ABC (and hence the taxpayer) cover her legal costs, regardless of the outcome?
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