Welcome to August's edition of Fighting for Justice! In 2018, Channel Seven's Sunrise program aired a controversial segment about child abuse in Aboriginal families... We wanted to help. So, O'Brien Criminal & Civil Solicitors travelled to Yirrkala to represent members of the Yolŋu community in their defamation and racial discrimination case against the network.
We decided to film the journey and create a short film: Watch the full video here.
Taking a Stand Against Media Misuse: Standing Up For The Yolŋu Community
So what happened?
During the panel discussion, the network used footage of Yolŋu community members from Yirrkala in Arnhem Land, footage originally filmed for a local health promotion initiative. The images were shown without consent and placed alongside commentary that implied Yolŋu parents were neglectful or abusive. The people featured were, in fact, loving parents and thriving children, part of a program highlighting positive community health efforts.
This misrepresentation caused deep shame, hurt, and humiliation for the families involved. They were portrayed as something they were not, and on a national stage.
The case highlighted a disturbing reality: major media outlets can wield their power without regard for truth, consent, or the dignity of Indigenous communities.
As our Principal Lawyer, Peter O'Brien, reflected:
"This was about the media simply grabbing a file marked 'Aboriginal' and attaching it to a controversial and insensitively portrayed issue. These were parents doing their best for their children, yet they were wrongly associated with abuse."
Voices from the Yolŋu Community
The most powerful aspect of this case was hearing directly from the Yolŋu families. Many spoke of betrayal, shame, and pain at being publicly linked to child abuse.
For these families, the legal process was not just about compensation, it was about reclaiming their dignity and telling their side of the story.
This case was no easy task for our lawyers as legal access is often limited in communities like Yirrkala. The effort to pursue this case represented not just a legal battle, but a commitment to bridging the justice gap in remote Australia.
Our team sat with families for long hours, even into the night, listening to their voices and ensuring they were heard. At mediation, they spoke openly about how the broadcast had affected them. Their strength and honesty were remarkable.
The matter ultimately settled confidentially but handsomely, with both compensation and a public apology. Importantly, the Yolŋu community members finally received recognition of the harm that had been done.
Read our other successful Defamation Case Studies
Why We Do This Work
Cases like this embody the core mission of O'Brien Criminal & Civil Solicitors: to stand with those who are disadvantaged, misrepresented, or silenced.
As Peter O'Brien explained:
"This is why I am a lawyer, to protect people against powerful entities. To give a voice to those who have been taken advantage of, ripped off, or oppressed."
The Yolŋu case is a reminder that access to justice matters, no matter how remote the community or how powerful the opponent.
For us, it was a privilege and honour to fight alongside them.