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Freedom and legal action
Published Tuesday December 21, 2004 · Permalink

Gunns has started legal action against twenty environmentalist individuals and groups, including Bob Brown, Peg Putt, the Wilderness Society and Doctors for Forests. The company is trying to recover around AU$6.36 million that claims to have lost due to:

The writ claims that the environmentalists’ campaign is a conspiracy to injure Gunns and to interfere with Gunns trade and business by unlawful means. The writ is quite large, and you can obtain a copy from Bob Brown’s website (PDF 5.4MB).

Environmentalist organisations and forest companies have used before legal action, called to Royal Commissions, lodged formal complaints, etc. Thus, there is nothing new in the ‘legal approach’ to environmental ‘debate’. However, this time Gunns is certainly aiming high in a very risky bet.

Is legal action threatening freedom of speech? I think it is hard to be conclusive about it. On one side, it may deter people voicing their opinions and genuine concerns, which would be a major drawback. On the other, there would be pressure to be more responsible when expressing dissent, particularly pushing people to ‘check facts’ and to avoid bogus claims to disqualify their opponents, which would be a major plus. I would certainly prefer a parallel universe where people would speak their minds openly always telling the truth. However, I live in this universe where legal action may be the lesser evil.

Will Gunns be able to prove the accusations presented in the writ? I find it hard to believe, particularly when (i) trying to connect cause (environmentalists actions) with effects (loss of income) and (ii) valuing the size of the effect of the campaign. It may be that Gunns is trying to establish a ‘fear factor’ (that I do not think will be achieved) or that John Gay really believes the contents of the writ and is trying to recoup some of the money. Anyway, there are interesting days ahead of us.

In a not so unrelated note, the Independent Complaints Review Panel of the ABC, found that the ‘Lords of the Forests Programs’ (aired on 16 February 2004) showed some innacuracies, unsourced visions and emotive language, which affected its balance and fairness (here is a copy of the full text of the findings, PDF 32KB).

You can see my previous comments about the program.

PS. 2005-09-07. In fact the forest industry has lost some contracts at least partly due to the actions of environmentalist groups.

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