The Herald Sun is facing legal action from Victorian Liberals deputy leader Sam Groth and his wife, Brittany Groth, over allegations of privacy invasion and defamation. According to federal court documents, the newspaper failed to seek a response from Brittany before publishing an article that allegedly misrepresented her past and her relationship with Sam Groth.
The couple claims that the articles, written by reporter Stephen Drill and overseen by editor Sam Weir, wrongly portrayed Brittany as a victim of child sexual assault. The articles suggested that Sam Groth, a former tennis star, began a sexual relationship with Brittany when she was 16 or 17, while he was her coach and in his early twenties.
Legal Battle Over Privacy and Defamation
The lawsuit marks the first test of a new statutory tort for serious invasions of privacy in Australia. Brittany Groth is seeking exemplary damages for the articles published in late July, while Sam Groth is pursuing a defamation claim. The couple’s statement of claim, released to Guardian Australia, argues that the articles caused significant harm as they remained online and were shared on social media platforms.
The documents reveal that the Herald and Weekly Times, the publisher of the Herald Sun, had not published Brittany Groth’s statement denying the allegations. Furthermore, the company had allowed comments on the articles, which the couple argues exacerbated the damage.
Controversial Solicitor’s Letter
According to court documents, the couple received a letter from the Herald and Weekly Times’ solicitors, Thomson Geer, dated July 30. The letter controversially stated:
“[T]here are many instances in which children have consented to such relationships, only to realise years or decades later that they were not appropriate. That includes circumstances where the parties have married. So the mere fact that your clients are happily married does not render Mr Groth’s conduct at the time appropriate.”
The letter further emphasized the importance of public discussion on issues of sexual contact between adults and children, criticizing the silence that often surrounds such matters.
Public and Political Reactions
The articles and subsequent legal action have sparked significant public and political backlash. Six Victorian MPs, including Premier Jacinta Allan and Opposition Leader Brad Battin, have criticized the publication. Allan stated, “Families shouldn’t be dragged into politics,” while Battin condemned the articles as a “disgrace” and a new low in public life.
The documents argue that the public interest in Brittany Groth’s privacy outweighs any countervailing public interest. They highlight that identifying an alleged child victim of sexual assault is inherently private and, had the alleged assault been reported to the police, it would have been unlawful to name Brittany in Victoria.
Implications and Future Proceedings
The case has yet to proceed to a hearing, and the Herald and Weekly Times, along with Drill and Weir, have not filed a defense. The documents claim that the damage to Sam Groth was aggravated by a third article published after their lawyers issued a concerns notice about the previous publications. Additionally, the articles referenced “multiple Liberal Party sources” without naming any, and the defendants allegedly sought to justify the articles by persuading a senior politician to support their publication, a move that reportedly found no takers.
This legal battle could set a precedent for future cases involving privacy and defamation in Australia. As the case unfolds, it will be closely watched by media organizations, legal experts, and the public, given its potential impact on journalistic practices and privacy laws.
