Particle.news
Download on the App Store

Federal Court Dismisses Al Muderis’ Defamation Claim in First Public Interest Defence Victory

Justice Wendy Abraham accepted Nine Entertainment’s contextual truth defence in a ruling experts say strengthens legal safeguards for investigative journalism

Overview

  • Justice Wendy Abraham rejected Dr Munjed Al Muderis’ allegations of negligent portrayal after finding the published reports were substantially true and in the public interest
  • The judgment marks the inaugural court success for Australia’s public interest defence introduced under the 2021 defamation law reforms
  • Evidence from dozens of osseointegration patients detailing complications and aftercare concerns underpinned the contextual truth defence
  • Legal scholars warn the decision may discourage high-profile defamation suits and offer greater assurance for media outlets to pursue in-depth public interest reporting
  • Following Friday’s ruling, Dr Al Muderis expressed disappointment on social media and confirmed he will appeal the Federal Court’s decision