ABC delays on Senate request for Louise Milligan defamation legal advice

The ABC has refused a Senate order to hand over the full legal advice, which led to the taxpayer paying the personal legal bill of ABC journalist Louise Milligan.

In documents obtained by Sky News Australia, the ABC at first argued it was against “public interest” to release the full advice, despite taxpayers forking out hundreds and thousands of dollars on Ms Milligan’s defamatory tweets – it has now said it needs more time.

Sky News Digital Editor Jack Houghton criticised the ABC for not being transparent in dealing with the Senate request.

“Milligan defamed federal liberal MP Andrew Laming in tweets claiming he had admitted to taking a photo of a woman's underwear as she bent over in Brisbane in 2019,” Mr Houghton said.

“This was false, and in April, Dr Laming was cleared of any criminal wrongdoing relating to the incident, but the ABC picked up the bill for Milligan's personal tweets, which cost you, the taxpayer, hundreds and thousands of dollars.”

Instead of releasing the full legal advice, the ABC released an excerpt from law firm Seyfarth Shaw which explained that the ABC could be liable for the social media activity of its reporters on their private and personal accounts.

“It is possible for the ABC to be held vicariously liable … there are likely to be challenges for the ABC to succeed in arguments that it is not vicariously liable for posts/shares made by journalists,” the advice read.

“Especially those that relate to topics about which they have written stories or contributes to the production of content for the ABC; or matters of public interest, concern or debate (because such matters would in our view typically fall within the remit of a journalist’s role).”

Mr Houghton said that legal advice has sweeping ramifications for the ABC, which had previously argued it was not responsible for the tweets of its journalists on social media, despite paying Ms Milligan’s legal bills.

“This means the ABC is aware that every single tweet or sharing of a tweet by its journalists can result in the taxpayer picking up the bill if someone is defamed,” he said.

“In that case, ABC needs to immediately ban its journalists from engaging in activist Twitter activity as it is legally responsible for them.

“You deserve better from an organisation which costs so much to run and has behaved so appallingly in recent years.

“But don’t hold your breath; if this interim response is anything to go by, the culture of secrecy at the ABC is here to stay.”

[rushelm]

How can "client privilege" be applied to information which is in the public interest and how is the ABC's expenditure not?

[jameswatt]

This is obviously not appropriate. It doesn't matter if you love or hate the ABC.

[jimlofts]

time for the govt to lawyer up and force the ABC to get the money from Louise or deduct that amount from their funding

[hobgoblin]

I have listened to the ABC for over 65 years, first as a child in the 1950s to the "serials" such as Greenbottle" & others, then as I got older to everything from opera & the quiz shows, news& weather etc etc. But it is with a good degree of sadness I have listened to the ABC descend into a politicised, discriminatory champion of the far left & every minority fringe group in the country. I have listened to many of there announcers denounce, derogatise & discriminate against anyone who holds a different point of view to there agenda. The reporting has become so biased & in many cases bordering on slanderous towards talk back callers who dare to challenge their narrative. Sadly I feel that this once highly respected public broadcaster needs to be dismantled. & only certain sections retained. The country services, sport broadcasts & emergency weather & fire information should be retained units the rest of it should be terminated. Might I also add that the ABC was the most vociferous in condemning Israel Falau & demanding that he be dropped from the rugby team. How strange they now think they should pay the legal fees of an employee who made slanderous tweets on her private account & has had a ruling made against her in a Court of Law.
One would expect K. Milligan to have been subjected to the same barrage of vitriol aimed at Falau for the exact same action. Making public comment. But no, no sacking just a bonus payment of $100s of Ks.

[jimlofts]

So does this mean anyone with a job that there employer is liable for any tweets - BS pay up Louise

[jass]

I dont want my taxes being paid to keep the ABC going

[lupcokotevski]

I listened to Philip Adams recently for the first time in decades. I reckon I switched him off in under 3 seconds.

[sillyoldbastard]

For risk mitigation purposes to Australian tax payers... all ABC employees need to close their personal and professional social media accounts.

[andrewferguson]

The ABC should have been cleaned out years ago, waste of our money.

[richardsaunders]

These days, The Beeb in the UK, the ABC in Australia, and those of their ilk, now largely in the hands of denizens of certain parts of capital cities.

[saferabies]

Why is ABC being given tax payer money?

[aifangwei]

Gez wouldn't we all love that, for our employer to pay all our legal costs?
ABC should be lining up the lawyers as the lawsuit over the Trump Russia series on four corners is coming and it will be worth billions, so who's going to pay that the exec's of the program or the tax payer again??

[garymeadows]

SELL SELL SELL Burden on the non Public Servant TAXPAYER.

[carmengoff]

The government, we the tax payers fund the abc, how can the abc be free to run as any way they please? I do not get it, does the government have no power/say in how it is run?

[briansibum]

i tried to watch the drum a few times but it turns my guts i can't they should be closed down because its only going to get worse

[ferguson]

Di Russo is spot on re potential waiver of the privilege as it is the ABC's to keep or the ABC's to waive and if the released part goes to gist of the whole advice then, arguably, they have waived privilege. Lawyer at 20 paces yet again - with both sides funded with taxpayers money. What a waste!

[bet-onblack]

ABC so so ABHORRENT - defund this lot !!

[ronmacfarlane]

Opinion pieces could be different but with untruths the employer must be liable for journalists

[LeethLee]

0:40 loll Abetz cranking the movie quotes.

[gemthetics]

"Call on the Lord in the day of trouble,
and He will deliver you."
        -Psalm  50 :15