Court Bars Broadcaster From Publishing Athletes' Group Chat Messages

The messages, described by the court as containing shared jokes, insults of other people in their sport, and crude descriptions of sexual acts and domestic violence, were obtained after an ex-partner photographed the chat while the couple was still together.

The athletes argued that publication would cause serious harm to their reputations and financial interests. Two of the men are married with children, and one holds high-profile ambassador roles, commercial sponsorship arrangements, and media roles.

McGrath ruled there was a serious question to be tried about whether the circumstances in which the messages were obtained were improper or reprehensible. The judge rejected the ABC's argument that the messages amounted to trivial tittle-tattle. The court heard that the ex-partner, after an acrimonious end to the relationship, felt a strong moral obligation to speak up about the messages.

She later showed the messages to an ABC sports reporter and the broadcaster's managing editor of national news. The athletes admitted they could face disciplinary punishment from their sport's governing body for bringing it into disrepute. The injunction remains in effect until a final hearing, which may not occur for several months.

An ABC spokesperson stated the broadcaster stands by the conduct of its journalists acting in the public interest. The spokesperson also expressed concern about the broader ramifications the decision may have on investigative journalism and the public's right to know.

The athletes sued the ABC for breach of confidence after the ex-partner shared the messages with the broadcaster. Lawyers for the athletes declined to comment on the case.