News Corp has argued in court that articles about Victorian Liberal MP Sam Groth's relationship with his wife, Brittany, were not 'idle gossip' but legitimate journalism, given Groth's political ambitions. The publisher is being sued for defamation by Groth and for invasion of privacy by his wife in a test case of new privacy laws.
The articles, published in July by the Herald Sun, alleged the couple began a sexual relationship when Brittany was 16 or 17 and Sam, then a professional tennis player and her coach, was 23 or 24. The court heard that the relationship had been 'weaponised' by political rivals in a 'febrile atmosphere' within the Victorian Liberal Party.
Matthew Collins KC, representing the Herald and Weekly Times, argued that the articles were protected under an exemption for journalists in the new privacy laws, which allow damages of up to $478,000. He said the material was 'precisely the sort of journalism which was supposed to be the subject of the exemption' and was in the public interest given Groth's aspirations to become premier.
However, Sue Chrysanthou SC, representing the Groths, argued the story was 'piece of gossip' passed on by a Liberal politician and did not meet the characteristics of news. She noted that if the relationship had been reported to police, publishing Brittany's name would have been illegal. The court reserved its decision on whether the exemption argument would be heard separately from the trial, which is scheduled for May.
