Court's nuanced analysis of Nick McKenzie's secret recording in Ben Roberts-Smith appeal a far cry from Sky News claims
When three judges dismissed Ben Roberts-Smith's appeal in his defamation case against Nine Newspapers last week, they made some insightful comments on journalism practices, in particular the delicate relationship between a reporter and a source.
Dismissing Roberts-Smith's interlocutory application to reopen the appeal over a secret recording of the journalist Nick McKenzie and a source, the judges noted the 'very experienced investigative journalist' was 'accustomed to getting the most out of his sources'.
It was a far cry from the way some media framed the recording two months earlier. 'Explosive confessions from star Nine reporter caught on secret tapes expose tricks against Ben Roberts-Smith war crimes trial', Sky News Australia said.
The appeal judges said the 'unlawful' recording of a conversation between Australia's most celebrated journalist and a potential witness was part of a longer conversation and they could not be confident 'that the contents of the recording have not been doctored by removing sections or splicing together different parts of a recorded conversation'.
They rejected an attack on McKenzie's credibility by Roberts-Smith's barrister Arthur Moses, saying they 'generally accept his evidence'.
But it was their analysis of the nature of the conversation that demonstrated they understood the nuances of a journalist talking to a source.
McKenzie was 'seeking to reassure an important potential witness' and had 'an incentive to exaggerate', they said.
In the witness box the Age and Sydney Morning Herald journalist explained how in speaking to another source he gave an 'impression of excitement in order not to reveal that he already knew some of what he was being told', they said.
'This is a reason why the recording should be treated with caution in so far as it is relied on as an admission of wrongdoing or otherwise as evidence that Mr McKenzie really was receiving briefings on the appellant's 'legal strategy'.'
McKenzie, who has won an incredible 16 Walkley awards, said it was a 'terrifying experience to be put before the full bench of the federal court'.
But two days after the court published its reasons for rejecting a wider defamation appeal, McKenzie was back in print with an exclusive story about the ongoing investigation into war crimes.
Next month Hachette Australia will release an updated edition of McKenzie's book Crossing the Line, including new material on the appeal and the emotional and professional toll of the case.
SBS has leaned into its old reputation as the 'Sex Before Soccer' network with the release of a cheeky new campaign to celebrate its 50th birthday.
With the tagline 'We Go There', the 60-second ad features a middle-aged man running naked through the SBS shows Alone, Insight, The Point and, of course, a football match (not that the network has the rights to many competitions these days).
The film is 'so daring and so SBS, it can't be played anywhere but SBS', the network said.
And that is exactly what happened this week when ABC's Gruen panellists analysed the ad. Although all the panellists praised its originality and ingenuity, the public broadcaster had to censor the full frontal nudity.
Host Wil Anderson, who dubbed SBS 'Sweaty Ball Sack', said full frontal nudity was not allowed on Aunty. Editors put a sticker saying 'Too rude for the ABC' over the man's genitals as he ran across the pitch.
David Crowe, the outgoing chief political correspondent for the Sydney Morning Herald and the Age, was farewelled at the National Press Club on Wednesday evening before heading off to London as Europe correspondent.
Journalists and staffers particularly enjoyed two messages read out at the Canberra event: one from Labor minister Tanya Plibersek and one from the former prime minister, Malcolm Turnbull.
Unsurprisingly, they both referred to Peter Dutton's infamous attack on 'Crowey', as he is affectionately known to all.
In January 2024 the then opposition leader posted a tweet in response to news that Guardian Australia's then-political editor, Katharine Murphy, was joining Anthony Albanese's office.
'I am genuinely shocked to see Murpharoo take up a spot to now be officially running lines for Labor,' Dutton said on X.
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'The real outrage is David Crowe missed out. What more must he do to prove his credentials to formally be employed by the Labor Party? #givecroweago.'
The Canberra Times' political analyst Mark Kenny said it was 'not just churlish but clearly intimidatory'.
Plibersek and Turnbull both said Crowe had the last laugh.
His final column contained a critique of Dutton's disastrous media strategy.
'Thanks to the internet and the smartphone, the media is a landscape of earthquakes and eruptions – and Peter Dutton has shown everyone how to be engulfed in lava when you think you're at the top of the mountain,' he wrote. 'The former Liberal leader is a case study in what not to do.'
Crowe has been replaced as chief political correspondent by Paul Sakkal, who was described internally by the executive editor of Nine's metro mastheads, Luke McIlveen, as 'one of the best news breakers in the gallery', which he joined in early 2023.
Natassia Chrysanthos, who McIlveen said had a 'forensic eye for detail', has been appointed federal political correspondent.
It's been a rapid rise for the two reporters, both 29, who began as trainees in 2018.
Buried in the documents filed by Sky News Australia in defence of a defamation claim brought by the lawyer Adam Houda is a rare full disclosure of how many people watch The Bolt Report across all Sky platforms.
Here is the rundown of Bolt's audience.
For the 7pm broadcast on Foxtel on the night the allegedly defamatory comments were made (23 January 2024) there was an average audience of 57,000.
For a rough comparison, Bolt is up against ABC News and Nine's A Current Affair in the 7pm time slot. Both free-to-air shows usually have up to 1 million viewers.
On Sky News Regional, Bolt picked up another 43,900 and Sky News Now had 10,100 streams.
On Foxtel's streaming platform the program had an average audience of 4,600 with 250 video-on-demand streams.
On the Flash service there were 757 streams and an additional 48 on the Sky News website.
The content was also published on skynews.com.au, Facebook and YouTube.
After a complaint from Houda, the episode was removed from all platforms and an apology remains online, although it was not enough to stop the lawsuit.
Sky News and Bolt are defending the defamation claim on the grounds of truth.
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