ABC Banned from Reporting High-Profile Athletes' 'Crude Descriptions of Sexual Acts'

The Australian Broadcasting Corporation (ABC) has been barred from reporting on high-profile sports figures who shared 'crude descriptions of sexual acts' in a group chat.

The decision was made by Justice Anthony McGrath of the NSW Supreme Court, who ruled that revealing the messages would cause 'serious harm to their reputations and standing as well as their financial interests'.

The three athletes in question are described as 'highly credentialled in their sport', but cannot be named. Two of them are married with children, and one also holds many high-profile ambassador roles, commercial sponsorship arrangements, and media roles.

The messages in question were taken by the ex-partner of one of the athletes, known as GH, who felt a 'strong moral obligation' to speak up about the content. She shared the messages with an ABC journalist, Marnie Vinall, who had previously worked at the masthead.

The court heard that GH and two other people referred to in the group chat showed the messages to Vinall, who took photographs of them. GH later threatened to release the information unless the athlete's club stopped him from playing.

The players brought an action against the ABC and Vinall for breach of confidence, which is a legal claim that prevents the publication of some information that people trust will be kept confidential.

The judge ruled that there was a serious question to be tried about whether the circumstances in which the messages were obtained by the ABC were 'improper' or 'reprehensible'.

The athletes admitted that they are potentially in breach of their contracts with their sporting clubs and could face disciplinary punishment from their sport's governing body for bringing it into disrepute.

The injunction is set to continue until a final hearing, which may not take place for several months.

The evidence suggests that the text messages in the group chat are the private thoughts of the plaintiffs (in some instances expressed in vulgar and offensive terms), shared with each other and not beyond, and were never intended by the plaintiffs to be made public.

The ABC has stated that it stands by the conduct of its journalists acting in the public interest, but is unable to comment further due to a suppression order.

The decision raises concerns about the implications for investigative journalism and the public's right to know.

The sportsmen's club has considered the matter formally closed after GH's threat, but the judge's ruling means that the issue may not be resolved for several months.