A federal court judgment this week revealed that Sky News Australia published what Justice Robert Bromwich described as "highly misleading and even deceptive" statements concerning a confidential legal settlement between Cairo Takeaway, a Sydney restaurant, and pro-Israel activist Ofir Birenbaum. The finding has prevented News Corp from fully moving past the incident, which began when the Daily Telegraph apologized in March for sending a reporter and the activist to the restaurant.
Background of the Legal Dispute
The controversy stems from a defamation suit brought by Birenbaum against Cairo Takeaway over social media statements. The parties reached a confidential settlement, which included an agreed joint statement published by the Daily Telegraph in March. All parties agreed not to disclose the settlement terms. However, the restaurant later alleged that Birenbaum breached the settlement by claiming in a separate statement that he had been "completely vindicated."
Judge's Findings on Breach
Justice Bromwich found that Birenbaum breached parts of the settlement, particularly in a Sky News segment hosted by Sharri Markson, which reported that compensation had been paid to Birenbaum. The judge determined that Birenbaum's lawyer, Rebekah Giles, conveyed the compensation information to Markson or another Sky News employee on Birenbaum's behalf. Bromwich noted that Markson referred in three places "to compensation being paid to Mr Birenbaum from the respondents."
During a May hearing, Matthew Richardson, acting for Cairo Takeaway, read from an affidavit by Giles in which she denied contacting anyone at Sky News. Giles stated, "I did not at any time prior to the publication of Sky, communicate with Ms Markson or any other person at Sky News or any related entity concerning the applicant, this proceeding or the resolution of the applicant's legal dispute with the respondents." However, Giles did not appear for cross-examination, and the affidavit was not entered into evidence. This week, Bromwich found that the compensation information was indeed conveyed by Giles to Markson.
Additional Documents Revealed
Court documents also showed that a briefing paper was sent to the Daily Mail and Crikey by Giles or someone on her behalf, backgrounding journalists ahead of the confidential settlement. Giles has been contacted for comment.
ABC Investigation and Other Media News
Separately, there is growing concern at the ABC over an upcoming investigation by former Four Corners executive producer Sally Neighbour, who retired in 2022. Neighbour is examining the tenure of ABC managing director Hugh Marks for The Monthly's August edition. The investigation follows the shock departure of news director Justin Stevens in May, the day before Senate estimates, and questions about who leaked the news. The Age and Sydney Morning Herald published a detailed story one minute after the managing director's office sent a staff note about Stevens's departure. The Australian later published another story based on a leak about Stevens's payout amount.
Press Gallery Awards
At the Midwinter Ball, James Massola of the Sydney Morning Herald and The Age was named federal press gallery journalist of the year, winning a $5,000 award from the National Press Club. Massola was recognized for his "insightful analysis," including foreshadowing pressure on Liberals to move right. His question to Pauline Hanson at the National Press Club event—"Is Australia in danger of being swamped by Muslim migration?"—drew attention. Some had anticipated The Australian's economics correspondent Matthew Cranston would win for his budget scoop on the working Australian tax offset.
News Corp's Negative Gearing Coverage
News Corp has continued to frame Labor's negative gearing changes negatively. The Daily Telegraph's front page headline "Jim the Home Wrecker" claimed real estate agents warned of empty auctions and panicked homebuyers. The story featured renter Tayla Rachel, 29, as "the face of the market crunch." However, inside the paper, Rachel noted the changes were "not as big a deal to me" as she plans a long-term investment. Similarly, The Australian's headline "First home negative equity alarm" quoted property data firm Cotality research director Tim Lawless, who said negative equity "isn't that big a deal" unless homeowners need to sell, potentially leaving them unable to clear their debt.
Senator McKenzie's Interview with Liz Truss
Nationals senator Bridget McKenzie appeared on former UK prime minister Liz Truss's YouTube show, where Truss asked if Australia is under "socialist control" under Anthony Albanese. McKenzie agreed, stating Albanese is damaging the country "in every possible way, culturally and economically." She cited the incorrect claim that "Western civilization has disappeared from the school curriculums." Truss, who served as UK prime minister for 49 days, hosts The Liz Truss Show.
