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What to do with Christian Porter? : Comments
By Don Aitkin, published 11/3/2021wo issues are important. The first is whether or not anything of that kind occurred, and what should be done about it now. The second is what the Attorney-General should do about it.
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"But the defamation law will ask the ABC to prove more than just what it actually reported. Porter’s lawyers say the story raised “imputations” – impressions in the minds of readers – well beyond those words. Imputations are the “vibe” of the story taken as a whole. In this story, the key impression Porter’s lawyers will argue was conveyed to readers is that he, as a matter of fact, “brutally raped a 16-year-old girl in 1988”, and that this contributed to her taking her own life.
Assuming the judge accepts these imputations, if it wants to defend itself on the basis that the article was true, the ABC will need to prove that the rape actually occurred. They will also need to prove that it contributed to the woman’s suicide. The police cannot prove these things. The ABC cannot prove these things. Nobody can.
Or, as The Australian’s Chris Merritt gleefully put it: “Milligan and the ABC are in a dreadful position. Their best option is a long, grovelling apology accompanied by a very large cheque. They have been snookered.”
I would think that there are a lot of puckered anuses at the ABC.