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Posted: 2017-07-21 13:02:39

A rogue blogger who published documents accusing two on-screen identities at Network Seven of having affairs with boss Tim Worner should be jailed for contempt of court, the lawyer acting for the women has urged the Supreme Court.

The women, given the pseudonyms Jane Doe 1 and 2, were named by blogger Shane Dowling during the height of the legal battle between Mr Worner and his former lover Amber Harrison.

Amber Harrison ordered to pay legal costs

The Supreme Court orders Amber Harrison to pay legal costs incurred by the Seven Network after the commercial TV giant took her to court for breaching a confidentiality agreement. Vision courtesy ABC News

The women strenuously denied the allegations, which were made by Ms Harrison in legal documents. Their names were suppressed by the court.

Supreme Court Justice Ian Harrison found Dowling guilty on March 15 of contempt of court after he flouted court orders to remove the names of the women from his website and refrain from republishing the allegations.

At a sentencing hearing on Friday, the women's barrister, Kieran Smark, SC, said Dowling had acted in "defiance" of the court's orders and a prison sentence was the only appropriate penalty.

Any other order was "a waste of everyone's time" because Dowling had shown a disinclination to be bound by the court's orders, Mr Smark said.

He said Dowling had displayed a "degree of relish" in flouting the orders and had published fresh material since the orders were made.

Dowling did not appear in court but had filed written submissions before the hearing.

"I don't know what to make of them," Justice Ian Harrison said, describing them as "somewhat discursive and garbled".

Dowling writes in the submissions that he has done "nothing more than any journalist does everyday [sic] around the country", as the women's names "were in legal documents".

He said he was "taking a stand against ... dodgy suppression orders".

Dowling said the case "was a huge free speech, political communication and public interest matter".

"If Australian courts are going to jail or penalise journalists for doing nothing more than reporting the news then Australia is no better than China or Russia," he said.

Justice Harrison said a transcript of the hearing would be sent to Dowling, so that he could respond in writing to Mr Smark's submissions.

Dowling has until August 4 to make further submissions.

On Monday, Ms Harrison was ordered to pay Seven's legal costs after she agreed to submit to a permanent gag order preventing her from speaking publicly about the company or her 18-month affair with Mr Worner.

Justice John Sackar said Ms Harrison's conduct had been "unreasonable" and it was "necessary and appropriate" to order her to pay Seven's costs on an indemnity basis, which is higher than the costs typically awarded in legal disputes and would cover its entire bill.

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