there is a need to guard against judging a publisher by unrealistic standards, adopting a counsel of perfection, or adopting hindsight bias.
923 At the outset, it is worth dealing with, and then rejecting, two related submissions made primarily by Network Ten.
924 First, no doubt recognising the difficulties the respondents had in defending the reasonableness of the cover-up allegation, the approach urged on me was less a principled focus on the matter in its character of conveying the defamatory imputation, but rather putting those parts of the programme that dealt specifically with the rape in a hermetically sealed box, entirely separate and insulated from any context that surrounded it. The evaluation of reasonableness must focus on the defamatory imputations, but the conduct which led to the publication must be considered by reference to all the circumstances, including how the Project team approached the task of publication.
925 Secondly, and relatedly, the assertion that the whole of the attack upon the respondents' conduct in relation to the conception, research and presentation of the programme concerned matters "wholly unrelated" to the imputations (other than the bruise photograph, and the adequacy of the opportunity afforded to Mr Lehrmann to respond to the allegations against him) is superficial because the focus must be on all the relevant circumstances, including what steps were taken before publishing the defamatory matter to ensure that the facts and conclusions stated were accurate and, in this regard, making proper or reasonable inquiries, checking the reliability of sources of information and, most importantly, the credibility of sources.
926 Part of this context is that from the period when Mr Sharaz first contacted Ms Wilkinson until the time of broadcast, a relatively short period elapsed. Network Ten knew that Mr Sharaz had chosen Ms Wilkinson and Ms Maiden advisedly. He and Ms Higgins wished to ensure co-ordinated publicity be given to their allegation of rape and a political cover-up preventing Ms Higgins from obtaining justice. As I have explained, the first time Network Ten sought and obtained any other information (which was contradictory to the narrative developed by Ms Higgins), there was no time for reflection or further enquiry prior to the co-ordinated publication, and for some time, Mr Sharaz had been pressing for publication.
927 During submissions, any suggestion that there should have been some scrutiny given to Ms Higgins' credit as being relevant to her allegations as a whole (including the allegation of
