“Given the available information,I do not believe I would be able to form a view on the appropriateness of this decision,” Mr Hehir wrote.
Dr Lamingsued Milligan personally, with the broadcaster not party to the suit,over four since-deleted tweets published on March 28 this year from her personal account,including one that incorrectly suggested he had admitted to the criminal offence of taking an “upskirting” photo of a woman’s underwear.
He took legal action against the tweets after Queensland police in April cleared him of any criminal offence over a photo he took of Brisbane woman Crystal White while she stocked a fridge at a landscaping business in 2019. He faced separate allegations he harassed two women online,for which he apologised before laterannouncing he will quit politics at the next election.
At the time Dr Laming commenced proceedings against Milligan,the ABC was also defending a defamation suit brought by former attorney-general Christian Porter that concerned Milligan’s reporting of a historical rape allegation against him,which Mr Porter denies.
The Auditor-General said the broadcaster advised him the ABC’s Managing Director discussed both legal matters between May 22 and 25,including whether the ABC could be found to be vicariously liable for Milligan’s personal use of social media.
“The ABC advised that this decision was made to effectively allow engagement with the complaint by Dr Laming such that both the Dr Laming complaint and the separate legal proceedings could be managed in an optimal and timely manner,and minimise financial exposure,” Mr Hehir said.
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But he added:“No specific external legal advice was sought in relation to the decision to meet the costs.”
An ABC spokeswoman claimed the Auditor-General’s letter was consistent with its previous statements on the matter,namely “that it acted to avoid potentially protracted and costly litigation”.
She said the broadcaster believed theupdate to the ABC’s social media guidelines had now addressed the potential risks identified by the events,having obtained external legal advice on its social media guidelines and developed a program of staff training.
“At the time of issuing the revised guidelines,the Managing Director stressed that ABC staff are personally liable for activities on their own social media accounts”.
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Senator Abetz said it was “wholly inappropriate” for the ABC to pay for the legal costs of a staff member who made remarks in their private capacity.
“The report demonstrates the urgent need to reform the ABC to provide policies in this area to prevent further cases of taxpayers’ spending their money on private defamation cases,” he said.
Dr Laming has also sued Nine News,owned by Nine Entertainment Co,publisher of this masthead,for defamation over similar allegations.
He threatened to sue at least 10 other journalists and politicians,receiving apologies and retractions from Greens Senator Sarah Hanson Young,former Senator Derryn Hinch,Chaser owned outfit The Shot,Senator Murray Watt,blogger William Bowe,Queensland Labor MP Don Brown and journalist Eliza Barr.