In a historic legal case in Australia, the trial of a de facto sexual assault claim has been livestreamed on YouTube for the first time, allowing the public to witness the evidence in real time. The case involves Bruce Lehrmann, who is suing Ten and Lisa Wilkinson for defamation, claiming that they accused him of raping Brittany Higgins in 2019. To defend against Lehrmann’s claim, Ten and Wilkinson must prove to the civil standard – on the balance of probabilities – that the alleged sexual assault did occur, despite Lehrmann’s denial of the accusations.
Unlike a criminal trial where the accused has a right to silence, Lehrmann has taken the stand in his defence, as has the alleged victim, which is unusual and remarkable for a defamation case. The civil standard of proof required is less strict than the criminal standard of beyond reasonable doubt, but still requires a substantial degree of certainty to establish the truth of the allegations. Justice Michael Lee’s role in the case is not to determine definitively whether the assault occurred, but rather to decide whether Ten and Wilkinson have succeeded in proving it on the balance of probabilities.
In addition to relying on the truth defence, the media parties also have a fallback defence of qualified privilege, which does not require them to prove the truth of the allegations in order to successfully defend the case. Under the qualified privilege defence, Ten and Wilkinson must demonstrate that they acted reasonably in publicizing the sexual assault allegation. However, this defence can be challenging to meet, especially in cases involving large media companies where the bar for reasonableness is set high.
The livestreaming of the Lehrmann case and the public scrutiny it has attracted highlight the significance of the issues at stake in the trial, as well as the novel approach taken in allowing real-time access to the evidence. This level of transparency in legal proceedings is a departure from traditional courtroom practices, and may have broader implications for future cases involving defamation claims and allegations of sexual assault. The outcome of this case will not only have repercussions for the individuals involved, but also for media outlets and the public perception of how such cases are handled.
The involvement of prominent figures such as Lisa Wilkinson and the airing of serious allegations against Lehrmann add a layer of complexity to the case, raising questions about journalistic ethics and responsible reporting. The outcome of the trial will be closely watched by legal experts, media professionals, and the general public, as it may set a precedent for how similar cases are adjudicated in the future. Ultimately, the Lehrmann case represents a significant moment in Australian legal history, shedding light on the challenges and complexities of balancing freedom of speech, media responsibility, and the protection of individuals’ reputations and rights.
