Court Rejects Roberts-Smith Appeal While Affirming McKenzie’s Journalistic Integrity
When the federal court handed down its judgment rejecting Ben Roberts-Smith’s defamation appeal against Nine Newspapers, the justices offered a masterclass in the nuanced analysis of journalistic conduct. Unlike the sensationalist framing by outlets like Sky News, the court approached the controversial secret recording involving journalist Nick McKenzie with care and legal clarity.
Misleading Sky News Coverage Contradicted by Federal Court
Sky News had previously claimed the tapes “expose tricks against Ben Roberts-Smith war crimes trial.” Yet, the court found the recording was unlawful and its contents potentially doctored, stating clearly that the judges could not be confident that “the contents of the recording have not been doctored by removing sections or splicing together different parts of a recorded conversation.”
Judges Emphasise McKenzie’s Experience and Credibility
The ruling diverged sharply from media portrayals, offering a more comprehensive and fair interpretation of McKenzie’s interactions. The court emphasized that McKenzie, a “very experienced investigative journalist,” was simply engaging in source-building—not manipulation or deceit. The appeal judges noted McKenzie was “seeking to reassure an important potential witness” and “had an incentive to exaggerate.”
Contextual Clarity Key in Interpreting Evidence
They affirmed that this context is crucial, explaining, “This is a reason why the recording should be treated with caution in so far as it is relied on as an admission of wrongdoing or otherwise as evidence that Mr McKenzie really was receiving briefings on the appellant’s ‘legal strategy’.”
McKenzie Credibly Endures Legal and Public Scrutiny
Despite intense public scrutiny, the court’s findings showed strong support for McKenzie’s credibility. They stated they “generally accept his evidence,” despite the attempts by Roberts-Smith’s legal team to undermine him.
McKenzie himself later described appearing before the full bench as “a terrifying experience.” With 16 Walkley Awards to his name, the acclaimed journalist was nonetheless back in action shortly after the judgment, publishing a fresh exclusive on the war crimes investigation.
Updated Crossing the Line to Reveal Legal Battle’s Toll
Next month, Hachette Australia will publish an updated edition of McKenzie’s book Crossing the Line, detailing the emotional and professional toll of this prolonged legal ordeal. The revised edition is expected to offer fresh insights into not only the appeal but the broader impact of the case on investigative journalism in Australia.
SBS Revives Risqué Legacy with Bold 50th Anniversary Campaign
Meanwhile, SBS has reignited its “Sex Before Soccer” legacy with a bold campaign celebrating its 50th anniversary. The cheeky tagline “We Go There” features a middle-aged man streaking through its shows, including Alone, Insight, The Point, and a football match—despite SBS no longer holding most football broadcasting rights.
ABC Gruen Censors Ad as Legacy of Boundary-Pushing TV Endures
The campaign’s daring visuals led ABC’s Gruen to censor a segment, placing a sticker labeled “Too rude for the ABC” over the man’s frontal nudity. Host Wil Anderson dubbed SBS “Sweaty Ball Sack,” reinforcing the broadcaster’s legacy of boundary-pushing content.
David Crowe’s Farewell Roasts Dutton, Celebrates Journalism’s Evolution
In political media circles, David Crowe, the outgoing chief political correspondent for The Sydney Morning Herald and The Age, was celebrated at the National Press Club before heading to London. At the event, messages from Tanya Plibersek and Malcolm Turnbull humorously referenced Peter Dutton’s past Twitter jibe, in which he questioned Crowe’s journalistic impartiality.
Crowe’s Final Column a Seething Commentary on Dutton’s Strategy
Plibersek and Turnbull agreed Crowe “had the last laugh,” as his final column offered a searing critique of Dutton’s media strategy. “Thanks to the internet and the smartphone, the media is a landscape of earthquakes and eruptions,” Crowe wrote. “Peter Dutton has shown everyone how to be engulfed in lava when you think you’re at the top of the mountain.”
Paul Sakkal and Natassia Chrysanthos Mark Journalism’s Next Generation
Crowe’s successor, Paul Sakkal, was praised by Nine’s executive editor as “one of the best news breakers in the gallery.” Natassia Chrysanthos, also promoted, was commended for her “forensic eye for detail.” Both are 29 and began as trainees in 2018—a fast-track rise emblematic of journalism’s generational shift.
Sky News Viewership Exposed in Defamation Suit with Adam Houda
In a separate development, Sky News Australia’s defence in a defamation suit brought by lawyer Adam Houda revealed rare insights into viewership numbers for The Bolt Report. On 23 January 2024, the show drew:
- 57,000 viewers on Foxtel’s 7pm broadcast
- 43,900 on Sky News Regional
- 10,100 streams on Sky News Now
- 4,600 average on Foxtel’s streaming
- 757 streams on Flash
- 48 on the Sky News website
Sky News Faces Ongoing Legal Scrutiny Despite Retractions
These numbers pale in comparison to A Current Affair or ABC News, which draw audiences nearing one million. While Sky News issued an apology and removed the episode, the lawsuit by Houda proceeds, with the network defending its claims on the grounds of truth.
