Former MP sued newspaper and editor over article that falsely claimed she pushed a rival

This article is more than 2 years old

This article is more than 2 years old

Sophie Mirabella has been awarded $175,000 in damages after she was defamed by a regional Victorian newspaper.

The former federal Liberal MP lauded the “great judgment” and “sensible decision” of Judge Michael Macnamara, who took into account the fact the article had been published extensively online, compounding the damage.

“Whether you’re a politician or whether you’re a member of the public, you should not be subjected to media behaviour that I was subjected to,” Mirabella told reporters outside court, following her win.

“Perhaps this is a sober lesson to them regarding the manner in which they go about collecting information for their stories and behaving afterwards.”

The damages awarded was less than half the maximum available for non-economic loss for defamation in Victoria, which is $389,500.

Judge Macnamara said the push, which Mirabella was wrongly portrayed as carrying out, was not a “very significant” act, such as a bashing.

But the reputational damage was not so minor, given the circumstances.

“This report reinforced a narrative advanced by her political opponent that Mrs Mirabella was ‘unpleasant, not a nice person, aggressive’,” the judge said, in his ruling.

Mirabella sued the weekly newspaper the Benalla Ensign and its editor, Libby Price, this year over an article that falsely claimed that the former MP had pushed another politician out of the way during a photo opportunity.

The county court Judge Michael Macnamara delivered the damages judgment in Melbourne on Wednesday, awarding Mirabella $175,000 over the April 2016 article.

Border Mail journalist Anthony Bunn calculated the damages at $35,000 per paragraph of the original story.

The article, published in the Ensign on 20 April 2016, just over two months before the federal election, alleged that Mirabella interceded in a photo opportunity between the aged care minister, Ken Wyatt, and her political rival and the sitting member for Indi, Cathy McGowan.

It alleged that Mirabella “took exception” to McGowan taking a photo with Wyatt, and falsely claimed that she “very publicly pushed Ms McGowan out of the way to obstruct the photograph being taken.”

Price was not at the event. She did not contact Mirabella prior to publication and told her on the phone after Mirabella had read the article that she did not directly see the alleged “push”.

At a trial in the Wangaratta county court, Mirabella said she did object to the photo being taken and moved to ask Wyatt not to participate, saying it would be bad for the federal election strategy if McGowan was seen to be aligned with the Coalition government.

But she repeatedly denied having touched or pushed McGowan. A jury found in her favour earlier this month.

Wyatt, who gave evidence at the trial, said that Mirabella approached him after he had agreed to take the photo with McGowan, and put both her hands on her chest while talking to him for about a minute.

His senior advisor then tapped him on the shoulder and told him to go, so he went. Mirabella did not deny putting her hands on Wyatt’s chest as she spoke to him but also couldn’t remember doing it, telling the court: “I’m a touchy person”.

In awarding costs, Macnamara said it was difficult to argue with the characterisation of the defamatory comments as “not being particularly serious,” and said that, contrary to Mirabella’s claims, it could not be misconstrued as describing Mirabella as having committed assault.

But he said the speed with which the article had spread — mention of it was made in Mirabella’s wikipedia page — meant its effect was “more than merely trivial,” and provided a platform through which other vitriol, particularly on social media, could be hurled at Mirabella.

He concluded that amplification through re-publishing “aggravated the damages to some degree.”

Mirabella’s legal team had sought aggravated damages of between $300,000 and $400,000; Price’s team said damages ought to be less than $100,000. The current cap on damages for non-economic loss in Victoria is $389,500.

Mirabella said she felt relieved by the outcome and buoyed by her supporters.

“It was a really big relief and vindication for my family and my two young girls as well,” she said. She hoped the case would be a lesson to reporters and newspapers.

“I hope it improves adherence to certain standards within journalism.”