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Nine Network pays $3m to Indigenous group members for ‘distressing’ articles
Under a newly approved settlement scheme, Nine Network will pay group members of the Wotton class action $3,000,000 for articles that alleged they were “wasteful or irresponsible” with compensation.
Naomi Neilson
As part of the $3,000,000 settlement, Nine Network would remove the offending articles and apologise for content that allegedly suggested group members of the Wotton class action “were improper or unworthy” and “wasteful or irresponsible” with spending.
After his death, residents of Palm Island were led through the town square by Indigenous activist Lex Wotton. The police station, court house and police houses were burnt down.
In November 2016, the Federal Court found police were racist in their response to the concerns and protests of Palm Island residents.
The Nine Network publications about the spending of that settlement sum allegedly caused group members “offence, insult, humiliation or intimidation, as well as shame, embarrassment or distress”.
Some applicants alleged they were also publicly vilified or insulted.
Following deductions for legal fees and disbursements and $100,000 in respect of settlement administration costs, the remaining sum would be divided between the affected group members depending on the level of damage they suffered as a result of the articles.
Some may be assessed to be in a “higher damages group” if an administrator has been satisfied they were “vilified or insulted” by the public, and “therefore have suffered a higher degree of loss and damage as compared to other group members”.
The higher damages group will get a maximum sum of $5,202, and the remaining members will receive a minimum of $2,000.
Three group members objected to this proposal, telling the court that everyone “should be paid equally, not the way you lawyers put it”.
While he considered this objection, Justice Christopher Horan considered the distribution proposal to be “fair and reasonable”.
“While all group members were exposed to the impact of the impugned publications, some group members experienced different consequences and suffered a different degree of loss or damage.
“Group members within each of those classes will otherwise be treated equally,” Justice Horan said.
Justice Horan said that had the proceedings moved forward, it would have likely been a considerable time before it could be heard and determined. The delay and costs in doing so may have caused “stress and uncertainty for the applicant, and for the group members”.
The group members would have needed to establish a causal nexus or link between the publications and their race, colour or national or ethnic origin and defend themselves against the public interest and fair comment defences relied on by the Nine Network.
However, Justice Horan said this did not mean their case was weak.
“The nature of the alleged imputations may well be reasonably likely to offend or insult, if not also humiliate or intimidate, a reasonable group member or an ordinary member of the public in the relevant circumstances,” Justice Horan said.
“The subject matter of the Wotton class action provides a context that might support a finding that the race of the group members was a reason or motivation for the impugned publications.”
The case is Kyle-Sailor v Heinke (No 2) [2025] FCA 33.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
