Case Overview and History
Resistance to Analysis of the
Human Condition
The issue of the human condition is the realm of inquiry where science and religion finally overlap. It is therefore naturally contentious. But that doesn’t justify throwing out the rule book on democratic, fair behaviour.
Note: To context this court case we strongly recommend reading the two short presentations below, the Crisis Point essay and the Sir James Darling speech.
Crisis Point in the Human Journey
An overview of humans’ resistance to the issue of the human condition—written by Jeremy Griffith. Read/Print Crisis Point essay (Updated April 2007).
The Sir James Darling Speech
Contexts the crucial importance of the FHA's work in bringing understanding to the human condition. Read/Print Sir James' speech.
Defamation Actions against the ABC and John Fairfax Publications
In 1995 a Uniting Church minister, Reverend David Millikan and the Australian Broadcasting Corporation (ABC) produced and presented a TV current affairs program on Four Corners. At the same time Millikan wrote a feature article about the FHA that was published in The Sydney Morning Herald (SMH) newspaper, which is owned by John Fairfax Publications.
Our fundamental complaint is that the freedom of new ideas to be debated fairly and tolerantly in our society has been seriously violated (read more).
Before the 1995 publications the FHA made numerous appeals to the ABC, and afterwards the FHA vigorously protested to the ABC and the SMH without effect. In May 1996 the FHA complained to the ABC’s Independent Complaints Review Panel (ICRP), however it decided to withdraw its complaint due to the ICRP’s condition that the FHA relinquish its legal rights to take subsequent action against the ABC (read an expanded history of events).
On 23rd September 1996 the
FHA submitted a 900 page complaint to the Australian
Broadcasting Authority (ABA), Australia’s offical media watchdog. This
complaint was the most comprehensive it had ever received and after a two
year investigation the ABA brought down its strongest ruling ever, finding
the Four Corners program ‘inaccurate,
unbalanced and partial’. The ABA then took the
unprecedented step of recommending to the ABC that it would be ‘appropriate
to apologise’ to the FHA.
Following the ABC’s, and by inference the SMH’s, refusal to accept the umpire’s decision and apologise the FHA was left with no choice but to take defamation action against both organisations to seek redress.
The legal action begun in 2001 is against: the Australian Broadcasting Corporation (ABC); the John Fairfax Publication’s newspaper The Sydney Morning Herald; Reverend David Millikan; and, Tony McClelland, the author of a third related publication, who has since apologised to the FHA. In addition to compensatory, aggravated and exemplary damages, an apology and corrective publication are also sought.
In
May 2003 the
ABC TV Four Corners program was found to have seriously defamed
FHA directors Jeremy Griffith and Tim Macartney-Snape AM in a NSW Supreme
Court jury verdict.
The victory was welcomed by Jeremy and Tim in their statements and
the FHA’s media release.
On 23rd September 2005 Tony McClelland apologised to the FHA and withdrew the ‘untrue and hurtful’ allegations directed at the FHA and its directors. McClelland was a prominent detractor, and self-appointed authority referred to by those campaigning against the FHA’s work during the 1995 media attack (read more).
On the 28th September 2005, a NSW Supreme Court jury found that the FHA was defamed in the 1995 article in The Sydney Morning Herald, written by Reverend David Millikan.
In March 2007, a trial began in the Supreme Court of New South Wales to determine defences and damages following the jury’s 2003 finding that the ABC defamed Jeremy Griffith and Tim Macartney-Snape in the 1995 Four Corners program. An initial four and half weeks in Court before Justice David Kirby in March and April was followed by a further two weeks of hearings finishing in early July.
After 30 hearing days completed, the evidence in the case was closed in July. Written submissions were filed in the following months. Justice Kirby heard oral submissions in the first week of December and the matter is reserved for judgment. It is hoped that the Court will be able to deliver judgement some time during 2008.
See The FHA Blog for the latest news and updates about the trial.
Media Releases and updates about the court action are available from the Media Room.