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Ben Roberts-Smith Defamation case: Lesson learnt

Journalists (L-R) Chris Masters, Nick McKenzie and Nine Newspapers managing director of publishing James Chessell, after the Ben Roberts-Smith trial at the Federal Court of Australia in Sydney (AAP).
Journalists (L-R) Chris Masters, Nick McKenzie and Nine Newspapers managing director of publishing James Chessell, after the Ben Roberts-Smith trial at the Federal Court of Australia in Sydney (AAP). Source: AAP / JANE DEMPSTER/AAPIMAGE

On the 1st of June 2023, Justice Anthony Besanko from the Federal Court ruled that newspaper articles suggesting the Victoria-Cross recipient, Ben Roberts-Smith murdered unarmed Afghan civilians were substantially true, based on the evidentiary standard in civil cases of "on the balance of probabilities".


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On the 1st of June 2023, Justice Anthony Besanko from the Federal Court ruled that newspaper articles suggesting the Victoria-Cross recipient, Ben Roberts-Smith murdered unarmed Afghan civilians were substantially true, based on the evidentiary standard in civil cases of "on the balance of probabilities".


What can we learn from this defamation case which involved this highly decorated soldier? Dr Vannessa Hearman, a senior history lecturer from University of Curtin and Dr Nasya Bafen, a senior lecturer in media and communication from La Trobe University in their interview with SBS Indonesian, discussed the court ruling and the lesson learnt.

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