Nine will have to pay $545,000 to Papua New Guinea politician William Duma over a series of defamatory AFR articles that falsely accused him of corruption.
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A series of Australian Financial Review articles wove a "false narrative" that Papua New Guinea energy minister William Duma acted corruptly in granting a petroleum licence, a court has found.
On Tuesday, Mr Duma was vindicated in his Federal Court suit against the Nine-owned Fairfax being awarded $545,000 over a series of defamatory AFR articles by Angus Grigg and Jemima Whyte in February 2020.
Justice Anna Katzmann found Fairfax's articles about the politician's involvement in a PNG petroleum licence tender in 2010 and 2011 were not written as a "bare, factual report" but were rather were "replete with errors and misrepresentations".
The articles were "spiced with an account of suspicious circumstances" against the politician, the judge said.
"The ordinary reasonable reader is prone to loose thinking and reads between the lines. And that is precisely what the respondents encouraged them to do. This article was awash with innuendo," she wrote.
In rejecting Fairfax's defence of qualified privilege, Justice Katzmann found the conduct of the publisher was less than reasonable and inexcusable because they did not properly look over the leaked documents handed to them.
"While they may have read the documents, they did not accurately report the contents of many upon which they relied. And they did not always check the facts," the judge wrote.
"They did not take care to distinguish between suspicions, allegations and proven facts. They did not report the substance of Mr Duma's 'side of the story' in relation to all the matters complained of."
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