Australia: Judge Rules Charlotte Grieve Not Required to Disclose Sources in Defamation Case
Ruling marks a pivotal moment in the defense of press freedom and the protection of journalistic sources
Location: Melbourne, Australia
Date: December 18, 2023
In a recent ruling, a judge has determined that 9News investigative journalist Charlotte Grieve will not be required to reveal the identities of 13 confidential sources she spoke to for a story criticizing renowned orthopedic surgeon Munjed Al Muderis. The judge found that the journalist was entitled to journalist privilege, protecting her from having to disclose her sources. The remaining portion of the defamation trial is scheduled to be heard in March. The Coalition For Women In Journalism and Women Press Freedom commends the court's decision and perceives this ruling as a crucial advancement in safeguarding press freedom. We urge the immediate dismissal of the case against the journalist and demand her complete acquittal from all charges.
On December 18, the court ruled that Charlotte Grieve, an investigative journalist from 9News, is not obligated to disclose the identities of 13 confidential sources she interviewed for a critical story about Munjed Al Muderis, a well-known orthopedic surgeon. The judge recognized the journalist's right to journalist privilege, which safeguards her from revealing her sources.
Al Muderis filed a lawsuit against The Age, The Sydney Morning Herald, and 60 Minutes over stories published in 2022. He claims that these stories convey defamatory allegations, including negligence in performing osseointegration surgery and the use of high-pressure sales tactics. As part of his case, Al Muderis sought to unmask the confidential sources relied upon by Grieve, arguing that the public interest in disclosure outweighed any adverse effects on the sources.
The sources cited by Grieve included "high-profile surgeons" who alleged that Al Muderis had an aggressive approach to surgery and rarely turned patients away. They claimed that this was an open secret within the profession. One surgeon even alleged that Al Muderis had performed surgery on a homeless and psychotic patient who was later found walking around a train station with an infected stump. Another source claimed that a procedure had been performed on an anorexic patient who wanted to continue running despite her condition.
Grieve stated in her affidavit that the sources she spoke to were extremely cautious and expressed concerns about Al Muderis's litigious nature. She assured them of confidentiality, which is protected under journalist privilege. This provision is designed to support the public interest in the communication of facts and opinions by the news media.
While journalists and their employers cannot be compelled to reveal the identities of their informants, this presumption can be overridden if a judge determines that the public interest in disclosure outweighs the adverse effects on a particular source or the public interest in the free flow of information to the news media.
Al Muderis argued that he already knew the identity of seven of the 13 confidential sources, diminishing the public interest in denying him the ability to confirm his suspicions. He also claimed that Grieve's affidavit was inconsistent, unbelievable, and bizarre. However, Federal Court Justice Robert Bromwich dismissed these claims, stating that Grieve had withstood cross-examination and was an earnest, intelligent, and conscientious person.
Regarding Al Muderis's claim that he already knew the identity of several sources, Bromwich countered that journalist privilege exists to protect sources from being revealed, even if the person seeking their disclosure already knows the substance of the information. He emphasized that there is a significant difference between a source being identified by other means and a journalist being compelled to reveal it.
Ultimately, the judge determined that the public interest in maintaining the confidentiality of the sources far outweighed any public interest in disclosing their identities. Al Muderis was ordered to pay 9News’ costs, and the remainder of the defamation trial will be heard in March.
The Coalition For Women In Journalism and Women Press Freedom stands in solidarity with Charlotte Grieve and all journalists who courageously navigate the complexities of their profession, often at great personal risk. We wholeheartedly applaud the court's decision, recognizing it as a significant step forward in the ongoing battle to protect and uphold press freedom. This ruling serves as a pivotal moment, highlighting the importance of safeguarding the rights of journalists and their ability to report without fear of reprisal. It reinforces the fundamental principle that the press plays a vital role in holding power accountable and ensuring transparency in society. We demand the journalist will be acquitted without any conditions.
The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.
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