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this post was submitted on 20 Apr 2026
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As a public figure, the bar to successfully win a defamation lawsuit requires proof of actual malice. This means that he has to prove by clear and convincing evidence that either the reporter knew the information was absolutely false, or had very good reason to suspect the information was false and still recklessly report it as fact. It's a pretty high bar.
They weren't making statements of fact as a witness themselves, there were people interviewed about things they claimed to witness themselves. Statements in the article that seems to have rattled him go like this:
and this:
They also report Patels response to the claims:
I mean, it seems like they did a lot of interviewing, found a lot of sources, gave the opportunity for a response, etc. You know... good journalism. Unless the claim is that the Atlantic reporters made up these claims wholecloth or that they had good reason to distrust what seems to be a dozen plus sources from multiple government departments, it doesn't seem like this lawsuit has a leg to stand on.
There are very, very few things I envy about the US, but this is one of them. Australian defo law is fucked; it so ridiculously favours the complainant that the respondent basically has to prove that they didn't defame them.