By Andrew
Bolt
Were Not My Real Sin
STEVE CANNANE: In the Bolt case, the judge said, “Even if I had been satisfied that Section 18C conduct was capable of being fair comment, I would not have been satisfied that it was said or done by Mr Bolt reasonably and in good faith.” Does that mean Section 18D would not have protected Andrew Bolt even if he got his facts right? Does that mean the right to fair comment would have been overruled by a judge’s interpretation of what was said or done reasonably and in good faith?
GILLIAN TRIGGS: Well had what he had written been done in good faith and reasonably, he could have made a mistake on the facts.
STEVE CANNANE: But that’s up to the judge then to interpret that, isn’t it?
GILLIAN TRIGGS: That’s right.
STEVE CANNANE: And does that then restrict the freedom of speech of someone like Andrew Bolt?
GILLIAN TRIGGS: Well, it is ultimately an interpretation by the judge…
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