In his judgment, the judge said he was satisfied the most serious imputations were proven on the balance of probabilities, which is the test in such civil cases.
After the article was published, Murdoch sent the publishers of Crikey a ‘concerns notice’, essentially threatening to sue them. In response, the publishers almost dared Murdoch to sue.
It’s far easier to throw around accusations of damage to one’s reputation than it is to actually prove it in court. A journalism scholar explains the criteria that must be met.
Under the Sullivan standard, a public official has to prove that there was ‘actual malice’ in defamation cases. That could be challenged in the Supreme Court.
In 1886, a Victorian judge deplored the disregard given to women’s rights in cases of sexual slander. Today, women are still fighting to protect their reputations and tell their stories.