The ABC has warned of a risk to investigative journalism after three professional sportsmen got a court order barring the broadcaster from publishing a story revealing their group chat messages sharing “crude descriptions of sexual acts and domestic violence”.
The three athletes, who are described as “highly credentialled in their sport” but cannot be identified, sued the ABC in the NSW Supreme Court after one of their ex-partners leaked a series of messages to a journalist at the broadcaster.
Last week, the men successfully obtained temporary orders barring the ABC from publishing the messages and prohibiting any mention of their identities, occupation or employer on the basis that the messages had been obtained via a breach of confidence.
The messages in question “principally contain shared jokes, insults of named other people known to AB, CD and EF [the plaintiffs] in their sport and crude descriptions of sexual acts and domestic violence”.
In a statement, an ABC spokesperson noted that Justice Anthony McGrath’s decision was only in effect until a final hearing on the case could happen, but said the broadcaster was unable to comment further as the matter was subject to a suppression order.
“The ABC stands by the conduct of its journalists acting in the public interest. The ABC is also concerned about the broader ramifications this decision may have on investigative journalism and the public’s right to know.”
But the case could also test the national broadcaster’s editorial practices, with the judge ruling there was a serious question to be tried about whether the circumstances in which the messages were obtained by the ABC were “improper” or “reprehensible”.
Two of the men in the group chat are married with children, and one of the married men also “holds many high-profile ambassador roles, commercial sponsorship arrangements and media roles”.
The court heard that revealing his messages “will be devastating to the important work that he performs as an advocate within and outside his sport”.
All three men said the messages are “likely to lead to serious harm to their reputations and standing as well as their financial interests”.
The athletes also admitted that they are potentially in breach of their contracts with their sporting clubs and could face disciplinary punishment from their sport’s governing body for bringing it into disrepute.
The ABC obtained the messages after the ex-partner of one of the athletes, known under the initials “GH” had taken a photograph of the group chat while the couple were still together. Following an “acrimonious” end to their relationship, GH saw the photograph in her camera roll and felt she had a “strong moral obligation” to speak up about the messages in the group chat.
The court heard that GH and two other people referred to in the group chat showed the messages to Marnie Vinall, a sports reporter at the ABC, who previously worked at this masthead. GH later said she found her partner’s old mobile phone in a moving box after their relationship had ended, which she used to show Vinall messages in the group chat. She claimed that her partner, referred to as AB, had previously given her his phone password. AB denied doing this, and told the court that he was “horrified” to find that his former partner had possession of the old phone.
GH also showed the messages to the ABC’s managing editor of national news, Sam Clark, who took photographs of them. She then took the messages to an executive at her former partner’s club, threatening to release the information unless they stopped him from playing. The club later told GH they considered the matter formally closed.
Last month, Vinall contacted the athletes, as well as executives at their clubs and the sport’s governing body, with questions about the group messages. The players responded by bringing an action against the ABC and Vinall for breach of confidence, which is a legal claim that prevents the publication of some information that people trust will be kept confidential.
Last week, their request for an interim order barring publication of the messages was granted by NSW Supreme Court Justice Anthony McGrath.
“There is no urgent news need in the public interest for the ABC to publish any story about the text messages,” the judge wrote.
His honour rejected the ABC’s argument that the messages should not be protected because they amounted to “trivial tittle-tattle” and said there was a serious legal issue to consider.
“The evidence suggests that the text messages in the group chat are the private thoughts of the plaintiffs (in some instances expressed in vulgar and offensive terms), shared with each other and not beyond, and were never intended by the plaintiffs to be made public,” McGrath ruled.
The injunction is set to continue until a final hearing, which may not take place for several months.
Vinall referred a request for comment to the ABC. Lawyers for the athletes declined to comment.
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Kishor Napier-Raman is a senior business writer for The Sydney Morning Herald and The Age. Previously he worked as a CBD columnist and reporter in the federal parliamentary press gallery.Connect via X or email.
