The defamation truth defence is under fire

The truth defence in defamation proceedings is becoming increasingly complex and difficult for journalists to make out.

Businessman Chau Chak Wing is suing the ABC and Fairfax over a 4 Corners story in 2017 which suggested that he was a spy for China and the CCP and involved in bribery. The full Federal Court has upheld a decision to strike out the ABC and Fairfax's truth defence.

The case is symptomatic of the increasing challenges for investigative journalism. Powerful plaintiffs tie up funds in legal defence and procure a broader, chilling effect across an industry which is already strapped for cash. From a practical perspective, the appeal decision highlights risks that publishers can mitigate at the pre-publication stage.