Groth Family Reaches Settlement with Herald Sun in Privacy Case
Sam and Brittany Groth have settled their legal dispute with the Herald Sun over articles published about their personal lives. The case centered on whether the published stories qualified for a defense under Victorian law protecting journalists who produce content with “the character of news, current affairs or a documentary.”
The Groths initiated legal action under the tort of serious invasion of privacy, alleging either physical intrusion into their private space or misuse of private information. The Herald Sun argued the stories were not “idle gossip” and pointed to a previous interview were the couple disclosed meeting at a tennis club as evidence the details of their relationship were already public. They also contended the claims about the relationship were being circulated within the Victorian Liberal Party.
During a Federal Court hearing earlier this month, the Groths’ barrister, Sue Chrysanthou, SC, argued the articles lacked factual basis and therefore did not qualify as “journalistic material.” “News is not fantasy,” Chrysanthou stated. She also highlighted that the Herald Sun was pursuing a public interest defense rather than a truth defense, requiring them to demonstrate a public interest in the publication and reasonable conduct.
Justice Shaun McElwaine expressed concern that allowing maliciously false and fully fictitious articles to be considered “news” would be an “exceptional outcome,” suggesting Parliament had not adequately considered this possibility when drafting the relevant legislation. “I think we can agree this is not simple,” he saeid.
Herald Sun editor Weir previously defended the publication, stating, “We stand by our reporting on a matter of public interest, covering critically important issues which could have a major impact on victorian politics in the lead-up to an election.”
The terms of the settlement have not been disclosed. The case had the potential to set a precedent for media outlets regarding what constitutes newsworthy content and qualifies for legal protection under the defense for journalists.
