NSW Supreme Court bars ABC from publishing group chat messages of three professional sportsmen
The ABC has warned of a risk to investigative journalism after three professional athletes won a court order banning the broadcaster from publishing a story exposing group chat messages containing “crude descriptions of sexual acts and domestic violence”.
Three unnamed athletes, described as “extremely trustworthy in sport”, sued the ABC in the NSW Supreme Court after one of their former partners leaked a series of messages to a journalist at the broadcaster.
Last week the men successfully obtained interim orders banning the ABC from publishing the messages and prohibiting their identities, occupations or employers from being identified on the grounds that the messages were obtained through breach of trust.
The messages in question “mainly contain shared jokes and insults from AB, CD, and others known to EF.” [the plaintiffs] in their sports and in their crude descriptions of sexual acts and domestic violence”.
An ABC spokesman said in a statement that Judge Anthony McGrath’s decision only lasted until a final hearing was held in the case, but said the broadcaster could not comment further as the matter was subject to a closure order.
“The ABC stands by the actions of its journalists when they act in the public interest. The ABC is also concerned about the wider consequences this decision may have on investigative journalism and the public’s right to know.”
But the case could also test the national broadcaster’s editorial practices; The judge ruled that there was a serious question to be tried as to whether the circumstances in which the messages were obtained by the ABC were “improper” or “reprehensible”.
Two of the men in the group chat are married with children; One of the married men also “holds many high-profile ambassadorships, commercial sponsorship arrangements and media roles”.
The court heard that revealing his messages would “damage the important work he has done as an advocate within and outside the sport”.
All three men said the messages were “likely to cause serious damage to their reputation and reputation, as well as their financial interests”.
The athletes also admitted that they had potentially breached their contracts with their sports clubs and could face disciplinary action for bringing the sport into disrepute by the governing body.
ABC obtained the messages after the ex-partner of one of the athletes, known by the initials “GH”, took a photo of the group chat while the pair were together. Following the “acrimonious” end to their relationship, GH saw the photo in his camera roll and felt he had a “strong moral obligation” to talk about the messages in the group chat.
The court heard GH and two others mentioned in the group chat showed the messages to Marnie Vinall, a sports journalist at the ABC who had previously worked on the imprint. GH later said he found She put her partner’s old cell phone, which she used to show Vinall messages in a group chat after their relationship ended, in a moving box. He claimed that his partner, referred to as AB, had previously given him his phone password. AB denied doing this and told the court he was “horrified” when he discovered his former partner was in possession of the old phone.
GH also showed the messages to Sam Clark, ABC’s executive editor of national news, who took photographs of them. He then took the messages to a manager at his former partner’s club and threatened to reveal the information unless they stopped him playing. The club later told GH they considered the matter officially closed.
Last month, Vinall contacted athletes, as well as executives at their clubs and the sport’s governing body, with questions about group messages. The cast responded by filing a lawsuit against ABC and Vinall for breach of trust; This is a legal claim that prevents the publication of certain information that people trust will be kept confidential.
Last week, requests for an interim order banning the publication of the messages were granted by NSW Supreme Court Justice Anthony McGrath.
“There is no urgent need for news in the public interest for the ABC to publish any story about the text messages,” the judge wrote.
The Prime Minister rejected the ABC’s claim that the messages should not be protected because they constituted “trivial gossip” and said there was a serious legal issue that needed to be considered.
“The evidence shows that the text messages in the group chat were plaintiffs’ private thoughts (in some cases expressed in vulgar and offensive terms), were shared with each other and nothing more, and were never intended to be made public by the plaintiffs,” McGrath ruled.
The injunction is scheduled to continue until a final hearing, which may not take place for several months.
Vinall referred a request for comment to the ABC. The athletes’ lawyers declined to comment.
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Kishor Napier-Raman is senior business writer for The Sydney Morning Herald and The Age. He previously worked as a CBD columnist and reporter in the federal parliament press gallery.Connect with: X or email.
