Geoffrey Rush’s victory in his defamation case could have a chilling effect on the #MeToo movement
A side effect of Geoffrey Rush’s defamation victory is the likely silencing of sexual harassment discussions and reporting, writes Karen O’Connell, an associate professor at the University of Technology Sydney’s Faculty of Law, in this cross-posting from The Conversation.
The decision in Geoffrey Rush v Nationwide News, handed down in Australia’s federal court, is the first – and so far, only – legal determination of a case associated with the #MeToo movement in Australia.
The defamation case was decided in favour of the actor Geoffrey Rush, who had sued News Corp’s Nationwide News, the publisher of the Daily Telegraph, over allegations the newspaper published regarding Rush’s inappropriate behaviour with an unnamed fellow actor, later identified as Eryn Jean Norvill, who gave evidence in the case.
In finding for Rush, Justice Michael Wigney decided that the defence of truth argued by Nationwide News had not been proven. Because Wigney said Rush had suffered significant distress – and to vindicate his reputation – he set non-economic damages at A$850,000. This is more than double the cap in cases not involving aggravated damages, with further economic loss still to be determined.
The Rush decision comes as the Australian #MeToo Movement seems to have gone quiet. The high-profile cases that arose in the year following #MeToo, which included allegations against television presenter Don Burke, actor Craig McLachlan and politicians Barnaby Joyce, Luke Foley and Jeremy Buckingham, have mostly faded from public view.
While I am pleased to see the Telegraph punished for its flagrant attitude toward humans (We all know they don’t care about the alleged victim, only the story), I do worry that the evidence of the alleged victim hasn’t been given a proper hearing in the process.
The alleged victim had probably the fairest process possible.
– She had her day in court,
– got to make her allegations in open court thus rendering her exempt from defamation charges herself for that testimony,
– had a colleague back her up
– and was supported for free by very expensive News Ltd lawyers who wanted to paint her as lilly white for their own purposes
Unfortunately as is a risk for anyone who goes to court, the judge found against her saying: ” the actress was not “an entirely credible witness” and suggested she was “prone to exaggeration and embellishment”.
In other words he didn’t believe her based on the evidence, and she left court having had her credibility torn to shreds by the court.
You can’t ask for the evidence of the alleged victim to be given a more fair hearing.
Just to be clear, EJ Norvill did not choose to take this matter to court or have the details of her complaints published by News Corp. Those decisions were taken out of her hands by other parties with other agendas. There’s nothing fair about that.
She probably didn’t want the matter going to court or being published because her allegations were untrue, as the court has now found. She’s fortunate not to get sued for slander…
While I found the judge’s comments about the veracity of the alleged victim worrying, I wasn’t in the court to hear her testimony so am not really in a position to determine whether or not that was a fair call. But irrespective, the DT’s so-called journalism around this story was sloppy and reckless in the extreme — they did not even talk to the alleged victim — and in that respect, they got their just desserts.
Why would anyone bother coming forward? The odds are stacked in the favour of the harasser. I feel so completely devastated for Erin (who, as pointed out, didn’t want her complaint made public to begin with). This outcome will leave her and any others who have been harassed or assaulted at work feeling more alone than ever before. I feel crushed. “I told the truth, I know what happened, I was there.”
Of course we would all feel that way when disbelieved. Its important not to conflate one case with another. The verdict on this one seems to indicate that there were four people (two of whom were female) who contradicted Ms Norvill’s evidence. They too were “there”.
“This outcome will leave her and any others who have been harassed or assaulted at work feeling more alone than ever before. ”
Surely you mean “who have wrongly accused others of harassment..”?
Unless you are saying you don’t accept the court’s decision?
or worse, are repeating the libel against Rush
Norvil was unlucky. She got in the way of the Tele and what they thought was a juicy story.
Mind you, she probably got a better hearing than she would if she had made a formal complaint of harassment against him.
At least in the court case, she had free lawyers boosting her and trying to prove her right, admittedly for their own purposes.
Our media made such a ham-fisted job of reporting the claims, they single-handedly killed the #metoo movement here. It was all just sensational grist to the mill. Congratulations.
I feel sorry for the witness and anyone else that wanted to come forward. This judgment will make it less likely other people will come forward in similar circumstances.
Seems like Rush got News on a technicality. Not getting the witness/es to go on record before publishing the article may have been their mistake. And possibly some other things going against them in this trial.
It would have made no difference if she was on record.
Her allegations were put to the court and found not to be true by the court.
Given that result, being on record would not have made any difference
Really? I fee sorry for the accused – who it is worth pointing out was found not guilty.
And, a technicality? Insufficient evidence is a technicality in your eyes? I thought it was the basis on which justice is served.
An excellent piece Karen, thanks for writing with such clarity and with statistics. Too many of my female friends have shared with me mild to serious sexual harassment they have experienced from a higher authority at work, and not at Christmas parties. I hope your column is read by many.
It would be better for everyone if harassment claims could be settled informally with mild punishments and apologies in most cases.
If someone faces career ruin, they are going to fight tooth and nail to defend themselves as Rush did, within the bounds of the law
Often a formal legal process is the worst outcome for everyone. It certainly was for Rush and for the actress.
Rush made $38 million i read between 2003 and 2017 i think.
He’ll get a couple of million compo covering a year or 2, which is what he would have earned anyway if this never happened but mud sticks and there will be a lot of roles now he will never be considered for so his career and income will suffer despite being vindicated.
And Norvill is unlikely to have helped her career, especially given the scathing comments from the judge about her.
I think as Rush said if i recall correctly, there are no winners here.
Its not a bad thing that journalists have been reminded to do basic verification of the facts *before* reporting
True, although they did have the basic facts correct, in that there had been a complaint made but that was not a defence as the truth defence covers the truth of the allegation of harassment, not the truth about whether a report was made or not.
But unfairly for Norvill, she got ground up and spat out as a result of being used for a couple of juicy headlines by a disreputable rag who cared nothing about her.
I get your point Alice but don’t let a bunch of sub par recruiters get to you. I’m sure the recruitment world/process would be a much simpler and more efficient place without many of them. Good luck in your job search.
Thanks Karen. What a great article. It seems like this decision has also had a chilling effect on the media talking about this case – yours is the first article I’ve read commenting on its wider and worrying impact.
By ‘worrying’ I’m guessing you don’t mean stopping people from jumping on board the #metoo movement to make unfounded claims designed to ruin a person’s career, family, reputation and life? No?