Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452

Lehrmann v Network Ten Pty Limited (Livestream) [2023] FCA 1452

The administration of justice was best served by continuing the now common course of livestreaming this public-interest civil defamation trial. Network Ten's concerns were largely hypothetical or adequately addressed by the law of contempt, criminal trial procedures had no direct application to this civil trial, Mr Lehrmann preferred livestreaming and no prosecuting authority suggested interference with Queensland charges, and the proposed access regime would improperly privilege journalists and those able to attend in person over the general public. Any particular evidence could be reconsidered if a party or witness established that a limited departure from livestreaming was necessary.

Jurisdiction
Australia
Judgment Date
22 November 2023
Procedural Posture
Defamation Proceeding; Practice and Procedure Application Concerning Livestreaming of Trial / Application for Proposed Orders by the First Respondent Regarding Access to Livestream of Trial
Outcome
The first respondent's proposed orders were refused; the hearing was to continue to be livestreamed subject to any further application establishing that a contrary course was necessary for particular evidence.
Legal Topics
['livestreaming of Proceedings' 'public Access to Court Proceedings' 'suppression and Non Publication Principles' 'contempt Protecting Witnesses and Legal Representatives' 'fair Trial Concerns in Possible Future Criminal Proceedings']
['practice and Procedure' 'open Justice' 'defamation'] ['livestreaming of Proceedings' 'public Access to Court Proceedings' 'suppression and Non Publication Principles' 'contempt Protecting Witnesses and Legal Representatives' 'fair Trial Concerns in Possible Future Criminal Proceedings']

Case Brief

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Procedural Posture

Defamation Proceeding; Practice and Procedure Application Concerning Livestreaming of Trial / Application for Proposed Orders by the First Respondent Regarding Access to Livestream of Trial

Legal Issues

  1. 1 ['Whether the defamation trial should be livestreamed publicly on the Federal Court of Australia YouTube channel.' "Whether Network Ten's proposed alternative regime limiting audiovisual access to parties, legal representatives and approved persons giving undertakings should be adopted." 'Whether concerns about social media abuse, distress, alleged sexual assault evidence, and possible future criminal proceedings justified restricting the livestream.']

Ratio Decidendi

The administration of justice was best served by continuing the now common course of livestreaming this public-interest civil defamation trial. Network Ten's concerns were largely hypothetical or adequately addressed by the law of contempt, criminal trial procedures had no direct application to this civil trial, Mr Lehrmann preferred livestreaming and no prosecuting authority suggested interference with Queensland charges, and the proposed access regime would improperly privilege journalists and those able to attend in person over the general public. Any particular evidence could be reconsidered if a party or witness established that a limited departure from livestreaming was necessary.

Court Disposition

The first respondent's proposed orders were refused; the hearing was to continue to be livestreamed subject to any further application establishing that a contrary course was necessary for particular evidence.

Orders

  • ['The application for orders as proposed by the first respondent, annexed to the submissions provided to the Court on 9 November 2023, be refused.']