Responding to questions from Coalition senators about why the ABC had not advised Milligan to settle the matter by apologising to Dr Laming, in line with apologies other journalists and MPs had issued over similar tweets, Mr Anderson said the option was not available.
“When the ABC had indemnified Louise, it was made very clear to us that an apology would not settle the matter,” Mr Anderson said.
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Mr Anderson said he was “surprised” by the legal advice that the ABC could be vicariously liable for an employee’s personal use of social media and acted to remove any future liability by updating the broadcaster’s social media guidelines and employment contracts.
“This is the first time that I’m aware of that – certainly that I’ve been involved in – where the ABC has covered personal expenses in a way like this. And I will say that we’ve taken action with regard to future potential vicarious liability…to make sure this situation is as avoidable as possible,” he said.
Dr Laming sued Milligan personally, with the broadcaster not party to the suit, over four since-deleted tweets published on March 28 this year from her personal account, including one that incorrectly suggested he had admitted to the criminal offence of taking an “upskirting” photo of a woman’s underwear. The case was settled in August, with the ABC covering the costs including $79,000 in damages to Mr Laming. Mr Anderson said the total costs incurred so far stood at $184,000 with some more costs to come in.
Mr Anderson said the matter was complicated by the fact that, at the time, the ABC and Milligan were also jointly being sued by then-attorney general Christian Porter. He said Milligan’s since-deleted tweets made reference to the Four Corners episode “Inside the Canberra bubble” that explored allegations of misogynistic conduct against Mr Porter, which he has denied.
He said the consequence of Mr Porter’s legal action was that Milligan was unable to delete the tweets connected to Dr Laming’s matter.
“The tweets could not be deleted simply. It was a complicated matter between both of those cases,” Mr Anderson said.
Following an inquiry into the matter, Auditor-General Grant Hehir concluded he was unable “to form a view on the appropriateness” of the ABC’s decision to cover Milligan’s costs, finding there was “ABC policy, precedent, or process in place for this payment”.
ABC boss defends decision to pay Louise Milligan’s $200,000 defamation costs
Source: Philippines Alive
