The Federal Court will no longer upload regular YouTube videos of the high-profile defamation case of war veteran Ben Roberts-Smith, after “persons outside Australia” used them to publish information identifying sensitive witnesses.Key points:The lengthy trial has regularly heard sensitive evidence from de-identified witnessesPeople who are physically in Sydney can still watch proceedings Nine opposed the move, highlighting the importance of open justiceMr Roberts-Smith is suing The Sydney Morning Herald, The Age and The Canberra Times newspapers over a series of 2018 stories which, he claims, contained false allegations of unlawful killings, bullying and domestic violence. Much of the trial has involved hearing from former and current Special Air Service Regiment (SAS) soldiers, whose identities cannot be revealed for national security reasons.In an effort to accommodate open justice while COVID-19 restrictions reduced the capacity of courtrooms, videos showing a limited view of the court during appearances of such “sensitive witnesses” have been published to YouTube on a delayed basis.This allowed for the editing out of any so-called “inadvertent disclosure” of sensitive information — which has occasionally occurred, usually by soldier witnesses who are required to use pseudonyms when referring to most other witnesses — from a live feed provided to journalists and streamed into another…
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