Lachlan Murdoch files defamation suit against Australian news site

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Lachlan Murdoch has filed defamation proceedings against Australian news website Crikey, its editor and a journalist over an article that alleged his family was linked to the US Capitol riots.

The application was filed on Tuesday afternoon, a day after Crikey published an open letter in the New York Times and Canberra Times challenging the billionaire to follow through on a threat to litigate over the article.

The filing was made in Australia’s Federal Court in Sydney and will act as a test case for press freedom in the country’s courts, featuring the son of the nation’s most powerful press baron as a litigant.

Last year, Australia introduced revised laws to crack down on defamatory online posts. The new laws include a “serious harm” element whereby the litigant has to prove that the material published is likely to cause serious damage to their reputation. If not, the case can be dismissed by a judge.

Murdoch has alleged that a column written by Crikey’s political editor Bernard Keane published on June 29 was defamatory.

The column focused on former US president Donald Trump and his alleged role in the Capitol riots, following evidence presented by the January 6 committee. It closed with references to Fox News commentators and “the Murdochs”, alleging that the family were “unindicted co-conspirators” in the crisis of democracy caused by Trump.

The filings by Murdoch’s lawyers focus on the allegations of criminality and the language used in the article. Private Media, which owns Crikey, Keane and Peter Fray, the site’s editor-in-chief and a former deputy editor of The Australian newspaper which is owned by News Corp, are listed as respondents.

Murdoch’s approach differs from that of his father Rupert, who has not sued rival media publishers over coverage of his media empire or his personal life.

The article was initially taken down from Crikey the day after it was published following the first legal threat by Murdoch, who is chief executive of Fox Corporation but has made the defamation allegations in a personal capacity.

Neither side was willing to fully back down as their lawyers corresponded with one another over the course of a number of weeks, triggering the republication of the article by Crikey last week and the publication of the open letter calling on Murdoch to follow through on his threat.

Private Media said: “Crikey stands by its story and we look forward to defending our independent public interest journalism in court against the considerable resources of Lachlan Murdoch . . . We welcome the chance to test what an honest, open and public debate actually means for free speech in Australia.”

Former Australian prime minister Kevin Rudd, who has called for a public inquiry into the power of Murdoch-controlled news organisations in Australia, said on Twitter that News Corp directs Australians “aggrieved by their articles” to complain to the Press Council. “The fact that Lachlan is suing [Crikey] rather than making a Press Council complaint, tells you the system is a joke,” he wrote.

Crikey has published fresh articles this week on Fox and its alleged role in the Capitol riots.

Murdoch’s outlets have recently cooled on Trump, with Fox News giving him less airtime. Murdoch-owned newspapers such as the Wall Street Journal and New York Post have also scolded Trump for failing to act against the Capitol riots.