Defamation Actions:
Expanded History Of Events

1995

ABC-TV Four Corners approach the FHA

In what was said to be a journey of exploration of the Foundation for Humanity’s Adulthood’s (FHA) insights into the human condition, in 1995 the Australian Broadcasting Corporation (ABC) engaged the FHA in an ABC-TV Four Corners program.
In April 1995, ABC broadcast the Four Corners program ‘Prophet of Oz’ concerning the FHA, Jeremy Griffith and Tim Macartney-Snape.
The program was produced by Reverend Dr David Millikan of the Uniting Church, who also wrote a full page article about the FHA in the Sydney Morning Herald titled ‘Prophet of the Posh’.
The FHA became aware of the nature of the program prior to it going to air and sent more than a dozen substantial letters of complaint and appeal to the ABC prior to the broadcast.
A half-page press advertisement ‘open letter’ to ABC managing director, Mr Brian Johns is placed in The Australian newspaper.
A joint letter of complaint from many parents of university students who were interested in the FHA ideas is also sent to Brian Johns.
Following the program, the FHA made numerous complaints, appeals and protests to the ABC—all to no avail. Having been dismissed by the ABC, the FHA distributed thousands of documents attempting to redress the portrayal of the FHA, and held open days and public lectures to try and overcome the negative effects of the many related media publications at the time.

1996

Complaint to the Independent Complaints Review Panel

In May 1996, the FHA complained to the ABC’s Independent Complaints Review Panel.
The FHA decided to withdraw its complaint due to the condition that it relinquish its legal rights to take subsequent action against the ABC.

Complaint to the Australian Broadcasting Authority (ABA)

In August 1996, the FHA submitted a 900-page complaint concerning the ABC Four Corners program to the ABA.

1998

Ruling by ABA for breach of Code

After a two year investigation, and the strongest ruling the ABA had ever made at that time against the national broadcaster, the ABA found Four Corners ‘inaccurate, unbalanced and partial’.
The ‘ABA concluded that the program was :
- not balanced in its presentation of the experience of parents of Foundation members.
- inaccurate in its representation of Mr Griffith; and
- inaccurate and lacked balance in its representation of Mr Tim Macartney-Snape’.

ABA ruling media coverage

The Bulletin April 21 1998

“The ABC hit us with a freight train...”
A two page feature story profiling Jeremy Griffith and the FHA, titled Higher Ground.
A national weekly magazine in Australia incorporating Newsweek, written by Lenore Nicklin.

“There are even higher mountains, deeper gorges, more frightening terrain inside our heads than in the physical world...”
Profile of Tim Macartney-Snape, his involvement with the FHA and the ABA's ruling.
A 7 page feature article in the weekend Australian Magazine supplement written by Jill Rowbotham.

The ABA: ‘Appropriate for ABC to apologise’

On 8 July 1998, the ABA take the unprecedented step of recommending to the ABC that it is ‘appropriate to apologise’ to the FHA, which was the strongest remedial action the ABA had taken to date with the ABC.
The ABC refused to apologise despite not exercising its right to challenge the ruling.
As a result the FHA was left with no alternative other than to set about taking defamation action against the ABC and Fairfax.

Professor Charles Birch launches the FHA’s website

Professor Charles Birch says the ABC should ‘apologise for its mistake’

“I have the greatest respect for the Foundation For Humanity’s Adulthood and its director Jeremy Griffith...”
“I consider it would be the only right thing for the ABC to admit the bias of the Four Corners program and to apologise for its mistake...”
Professor Birch in his November 13 1998 letter to ABA acting chairman Gareth Grainger.

1999

“The FHA is the mountain of my mind. It's bigger than anything I've ever attempted and the ABC is just a crevasse.”
This article documents Tim Macartney-Snape’s legendary stature as one of the most talented and accomplished mountaineers in the world.
Mountaineering requires the highest levels of courage, perseverance and endurance and Tim’s defence of the FHA has demanded all his proven qualities of character.
A six-page profile on Tim written by James Elder.

2001

Defamation action commenced against ABC and Fairfax

1998-2001 are spent preparing for the litigation. In April 2001, the two sets of proceedings are commenced in the Supreme Court of New South Wales seeking redress.

An Apology to the Foundation for Humanity's Adulthood

The following is an unsolicited public apology to Eric Crooke and the FHA published nationally in The Australian newspaper in June 2001.

2003

The jury found Jeremy Griffith and Tim Macartney-Snape were defamed by the Four Corners program.

2005

Tony McClelland apologised on 23 September 2005 to the FHA in settlement of the defamation action brought against him in relation to a 1995 newsletter he published.

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.

2007

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.