The evolving narrative surrounding a celebrated tennis player turned politician and his wife is set to become a pivotal moment for Australia’s media privacy regulations.
Sam Groth, the Victorian Liberal deputy leader, has filed a lawsuit against the Herald Sun following a trio of articles published in late July. These pieces questioned the timeline of his relationship with his current wife, Brittany.
Despite the controversy, the three News Corp articles, including one by journalist Stephen Drill titled “How Liberal Party is courting controversy with Sam Groth,” remain accessible online.
“This is a significant issue,” said Collins, “involving a front-page feature in the most widely circulated newspaper in the state, focusing on political matters and an individual with aspirations of becoming the state’s deputy premier.”
Collins further questioned, “Is this genuinely news? This is the first instance where such a question has been posed.”
Justice Shaun McElwaine highlighted that U.S. courts have long struggled to balance an individual’s privacy rights with the First Amendment, which safeguards press freedom.
He will rule on whether the privacy exemption aspect of the case can be argued in advance of trial after a hearing on November 6.
If the privacy element was split off, the judge wryly foreshadowed it would be “inevitable” the losing party would appeal the decision and fragment the case.
“I can see what’s going to happen,” he said laughing.
“This is basically a test case. This is the first time this provision has been considered.”
Regardless of his ruling and a mediation hearing on November 7, the trial has been set down to run for 10 days from May 11.
