Legal & publication policy

Process before publication.

This policy reduces legal and ethical risk. It is not a declaration that material cannot be defamatory, a waiver of anyone’s rights or a substitute for advice from a qualified media lawyer.

Pre-publication controls

Required for substantive claims

01

Define the proposed meaning

Before publication, we identify every person or organisation who may be identifiable and write down the factual meanings a reasonable audience could take from the material, including meanings created by headlines, editing, images or omission.

02

Build an evidence record

Each material factual proposition is matched to records, first-hand witnesses or other reliable support. Anonymous testimony is assessed for proximity, consistency, motive, independence and available corroboration. Repetition does not by itself establish truth.

03

Separate fact, allegation and opinion

Verified facts are stated as facts only where the evidence supports that treatment. Allegations are attributed and clearly described as allegations. Opinion is labelled, genuinely held and based on identified proper material.

04

Assess public interest

We record why publication serves a legitimate public interest, why the level of detail is necessary and whether the same purpose can be achieved with less reputational or privacy harm.

05

Offer a meaningful right of reply

A person or organisation facing substantive criticism receives sufficient particulars to understand and answer the proposed claims, a reasonable opportunity to respond and fair inclusion of the substance of that response.

06

Complete independent review

High-risk material is reviewed for accuracy, context, source safety, privacy, fairness and legal risk before release. Serious allegations are not published solely because a contributor submitted them.

07

Correct and preserve

We preserve the evidence and decision record supporting publication. Material factual errors are corrected promptly and significant changes carry a visible correction note.

Legal framework

Australia and New Zealand

Australia

Australian uniform defamation legislation generally requires a claimant to establish serious harm. Potential defences may include substantial truth, contextual truth, public interest, qualified privilege, honest opinion and fair reporting of proceedings of public concern. Each defence has legal requirements and must be supported by the actual evidence and reporting conduct.

For public-interest reporting, relevant considerations can include the seriousness of the meanings, distinguishing allegation from proven fact, source integrity, verification steps and whether the subject’s response was sought and fairly represented.

New Zealand

New Zealand’s Defamation Act 1992 includes defences such as truth, honest opinion and forms of privilege. Honest opinion must be genuine and have the required factual basis. The applicable law may depend on where people are identified, where material is accessed and where reputational harm occurs.

Because this investigation covers both countries, material with cross-border risk should receive jurisdiction-specific legal review before publication.

Concerns, replies and corrections

Contact us before or after publication

A person or organisation who believes proposed or published material is inaccurate, unfair or damaging may identify the material, explain the concern, provide supporting information and request a response, correction, clarification or removal.

Requests are assessed promptly. We may preserve material and records where reasonably necessary for legal, editorial or safety purposes.

Submit a legal concern or reply