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Russian Marriage Agency is suing Australian news program "60 Minutes" for defamation
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Posted by: Khashyar

Hello Everyone...

We found this press release from the Russian Marriage Agency "Elena's Models," regarding their defamation lawsuit against the Australian version of the "60 Minutes" TV news program.

This press release was just released today, and I wanted to post it here for everyone to read. (At the bottom on the press release, it states: "Send the PRESS RELEASE to all mailing lists you are subscribed to, to all discussion boards etc.", so I thought it was o.k. to post it in our forum).

I don't know exactly what the detailed perspective of the "60 Minutes" producers is, but the press release below presents Elena's Models' argument that the "60 Minutes" show has defamed her.

I had not heard about the alleged defamation until reading Elena's Models' press release, and I could not find any reference to the defamation, or even the name of Elena's Models in a web search or news search regarding this story or "60 Minutes," but I still thought it would be interesting to post...

Apparently, in Elena's Models' Russian website, Elena Petrova states that she has lost a considerable amount of her business as a result of the Australian "60 Minutes" program. Perhaps she meant her business in Australia, since I don't think that the show aired in the U.S. or Britain.

Again, Elena's Models' press release is presented below.

Khashyar

******

Press Release
18 July 2003
*FREE TO PUBLISH*

Internet website is suing top-rating TV program for using its website in the broadcast about scams

Small Internet agency “Elena’s Models” is suing top rating TV program “60 minutes” (Channel Nine, Australia) for using its web site as illustration in the program about immigration scams.

Elena Petrova, Elena’s Models:

“60 minutes, Australia, used the pages of Elena’s Models website and photos of the members of Elena’s Models in their program “Russian Roulette” about immigration scams, broadcast 11 May 2003. The persons interviewed in the story had nothing to do with Elena’s Models, and none of them used services of Elena’s Models, or were members of Elena’s Models.

“60 minutes Australia admitted in a phone conversation that none of the persons interviewed in the story was connected to Elena’s Models.

“Nevertheless, the name of our agency Elena’s Models was recognizably displayed in the very beginning of the TV program “Russian Roulette”, and the snapshot of the website displaying the name “Elena’s Models” was used on the website of 60 minutes as illustration to the transcript of the story.

“60 minutes also displayed personal pages of 4 female members of Elena’s Models in the story. The pages included close shot, recognizable photos, and each of the photos was bearing the visible copyright mark of Elena’s Models.

“All of this led millions of viewers to believe that Elena’s Models was involved in immigration scams.

“Despite the numerous complaints of Elena’s Models to the program 60 Minutes, Channel Nine, Australia, and after 6 weeks of negotiations (the first complaint was sent to 60 Minutes the next day after the program broadcast), 60 Minutes Australia insisted they did nothing wrong and refused to offer any form of acceptable public apology to the agency Elena’s Models.

“As the result of the story “Russian Roulette”, the reputation of the agency Elena’s Models was badly hurt. Our sales from Australia dropped nearly 60% immediately following the broadcast of the program “Russian Roulette” on 60 Minutes. For a small Internet agency like ours it is a great loss.

“5 weeks after the TV broadcast of the story “Russian Roulette” Elena’s Models were still receiving phone calls with the questions why the website of Elena’s Models was used in the story. This is where we realized how great was the damage to the reputation of Elena’s Models done by 60 minutes broadcast and their failure to clear up the matters in regard to using the website of Elena’s Models in their program about immigration scams.

“Elena’s Models has never been involved in any scam operation, and we feel very strongly about scams of any type. No one from the program 60 Minutes ever contacted us prior to the broadcast. No one from 60 Minutes ever contacted us after the broadcast to apologize for what they did to Elena’s Models, neither by phone, nor in writing.

“The only mail that we received directly from 60 Minutes was a letter from the executive producer of 60 Minutes, Australia, John Westacott, which said that they did not use our web pages in their story “Russian Roulette” (Quote: “You are incorrect in asserting that the web pages we used in our story “Russian Roulette” were yours.”). This is, saying politely, untrue. They did use multiple pages of Elena’s Models in their program.

“It is disturbing that a program with multimillion audience such as 60 minutes would use pages of a legitimate website and photos of innocent people and basically link them to the immigration scams portrayed in the story, and still insist that they did nothing wrong.

“The refusal of the program 60 Minutes, Australia, to offer any form of acceptable public apology to the agency Elena’s Models is unbelievable.

“This way, any website and any person is at risk. Can a TV program take a photo of any person and broadcast it to million viewers in a program about scams? Can a TV program take a decent website and use it in a program about illegal activities? For example, use pages of a decent property website and show them in a program about property scams? Or take pages of a website selling pets food and show them in a program about food poisoning? What about YOUR own photo in a program about AIDS?

“I think no one will think twice what to answer to those questions. The answer is obvious.

“I call all people of good will to voice their concern about the practices of 60 minutes, Channel Nine, Australia.

“We must protect our rights. We must act now. Otherwise, tomorrow you may see your own photo in a TV program about AIDS.”

--------------------------------------------------------------------------------

Facts only:

11 May 2003 – The snapshot of the website with the words “Elena’s Models” and photos of the female members of Elena’s Models was published on the website of 60 minutes, Channel Nine, Australia, with the announcement of the future program “Russian Roulette”, promising investigation on “heartless immigration scams”.

11 May 2003 – 60 minutes broadcast the story “Russian Roulette” about immigration scams, to the multimillion audience. In the beginning of the story the viewers could see on their screens the words “Elena’s Models” and then photos of the female members of Elena’s Models, while the presenter Liz Hayes was saying, “Those were the invitations that these men couldn't refuse.”

12 May 2003 – 60 minutes adds the transcript of the story “Russian Roulette” to the website, which also displays the same snapshot of the website with the words “Elena’s Models” and photos of the female members of Elena’s Models.

12 May 2003 – Elena Petrova of Elena’s Models contacts 60 minutes via email, complaining about the use of her web pages in the program “Russian Roulette” about immigration scams. Elena’s Models request clarification of the matter and apology, and removal of the offensive picture from the website of 60 minutes.

13 May 2003 – Another copy of the letter from 12 May 2003 sent to the email address of 60 minutes.

14 May 2003 – Another copy of the letter from 12 May 2003 is faxed to 60 minutes.

16 May 2003 – A response is received from the executive producer of 60 Minutes, Channel Nine, Australia, John Westacott, in which he insists that 60 minutes did not use the pages of Elena’s Models.

16 May 2003 – A response sent to the letter of the executive producer of 60 Minutes John Westacott, which points out that 60 minutes indeed used the pages of Elena’s Models. Again, apologies and removal of the offensive picture from the website were requested.

18 May 2003 – No apologies have been offered to the agency Elena’s Models in Sunday broadcast of the program 60 Minutes; even though a few letters related to the previous week story “Russian Roulette” were included in the mail segment of the program 60 minutes. The letter of Elena Petrova from Elena’s Models was not included or even mentioned.

19 May 2003 - Elena’s Models handled the matter to its lawyers, having instructed them to obtain a public apology from 60 Minutes, either in the form of a written document or in the TV broadcast. Numerous faxes have been sent to 60 minutes, on which no answers have been received. In regard to phone calls to 60 minutes the person in question would be usually unavailable, and would not return the calls.

27 May 2003 – 60 Minutes sent a fax to the lawyers of Elena’s Models, which denies any liability of 60 Minutes to Elena’s Models. (Quote: “There is no basis upon which your client could assert that she has been defamed by the broadcast of the program, “Russian Roulette”, or any material appearing on the Internet.”)

4 June 2003 – Despite the refusal of 60 minutes to admit that the picture on their website was defaming to Elena’s Models, the snapshot of the website with the words “Elena’s Models” was removed from the illustrations to the story “Russian Roulette”, and replaced with the picture of one of the persons depicted in the story. The snapshot of the website with the words “Elena’s Models” was not removed from 60 minutes server, and stayed there until 17 July 2003

19 June 2003 – Elena’s Models through its lawyers informed 60 minutes that unless 60 Minutes are prepared to offer an acceptable form of public apology, Elena’s Models would have to proceed with the defamation case through the legal proceedings.

22 June 2003 – In their Sunday broadcast 60 minutes offered extensive apology for the mistakes in their previous program – but NOT to Elena’s Models; the apologies for numerous mistakes in the story were offered to the Customs Service that was unfairly portrayed in 60 Minutes story “Stitched up” 15 June 2003. Transcript of the story “Stitched up” was withheld from 60 minutes website.

29 June 2003 – No apologies were offered to Elena’s Models in Sunday broadcast of 60 minutes, again. After 7 weeks of negotiations with 60 minutes Elena’s Models decides to quit the negotiations with 60 minutes and proceed with the defamation case through the legal proceedings.

01 July 2003 – A complaint sent to the Australian Broadcasting Authority in regard to the story “Russian Roulette” of 60 minutes, Channel Nine, Australia, broadcast 19:30 11 May 2003, as breaching the clauses 4.3.1 [unfair representation of viewpoints]; 4.3.5 [privacy], 4.3.7 [unfair identification persons or businesses], 4:3:10 [national or other discrimination], and 4:3:11 [failure to take the earliest opportunity to correct errors] of the CTVA Code.

03 July 2003 - (10 A.M. Australian Eastern time) The press release of Elena's Models regarding 60 minutes story "Russian Roulette", broadcast 11 May 2003, was published by the Internet news agency eWorldWire.

18 July 2003 - After another request, the picture with the words "Elena's Models" and photos of Elena's Models female members was at last removed from 60 minutes server. No apologies were offered though.

Posted by: Khashyar

Here is a transcript of the Australian "60 Minutes" program about Russian "mail-order" brides, which aired on May 11, 2002:

******

Transcript: Russian Roulette
May 11, 2003

INTRODUCTION, LIZ HAYES: At best, marriage can be a bit of a gamble. But for many Australian men, the odds are really stacked against them. They set out looking for love on the Internet and find themselves victims of a heartless immigration scam.

It seems so enticing — beautiful Russian women begging for husbands. For the men, it's a last chance for happiness. For the women, it's a passport to permanent residence in Australia. But not all these women are on the level. Some take advantage of a loophole in the law and take their new husbands to the cleaners at the same time. And we should mention that, for legal reasons here in Queensland, we've had to modify our story slightly.

STORY, LIZ HAYES: On the Internet, there are literally thousands of them — beautiful Russian women who want to meet men from the West. Those were the invitations that these men couldn't refuse. Ivan met Angelica in Russia and, after a two-week courtship, they married in August 1997. Ron wrote to Natalia in Lithuania for eight months before he brought her back to Australia just over three years ago. John courted Irena on the Internet. A year later, he married her. That was two years ago. Unfortunately, none of these stories has a happy ending.

IVAN DUHS: They were all programmed and they know exactly what to do before they even come here.

LIZ HAYES: For Ivan Duhs, this wasn't even a happy beginning. Just three days after he brought his bride, Angelica Bolantina, home to Australia, she told him the truth. She married him only to get permanent residence.

IVAN DUHS: I'd come home and she'd say, "Why are you here, what are you doing here? I want you to go and sit, go sit." And I said to her, "What do you mean you want me to go and sit?" She'd be going like this. And she got the translating book, she said, "Oh". She said, "I want you to go to jail."

LIZ HAYES: She actually said she wanted you in jail?

IVAN DUHS: She said, "I want you in jail."

LIZ HAYES: Did you understand what she meant at that stage?

IVAN DUHS: No, I had no idea what she meant.

LIZ HAYES: With Angelica came her son, Vassily. Ivan says he was a troublesome child. But it wasn't Vassily who got into trouble.

IVAN DUHS: Two plain-clothes young policemen knocked on the door, asked if they could come in. Before I could say yes or no, they pushed their way in and one flashed a badge, I didn't even get a look at it, put it back in his pocket and they said, "Oh, your wife's made a complaint". I just could not believe it. I said, "What?"

LIZ HAYES: The complaint was so serious, that the police demanded Ivan leave his house immediately, but the law prevents us from reporting the details. And although it took a year for Ivan's case to come to court, it only took the jury two hours to acquit him.

You were found not guilty?

IVAN DUHS: Oh yes, yes, on all charges, yes.

LIZ HAYES: And how long after Angelica had made these allegations did she get permanent residency?

IVAN DUHS: I believe within three weeks.

LIZ HAYES: Within three weeks of the police knocking on your door?

IVAN DUHS: Yep, she had permanent residency. Yep.

LIZ HAYES: While Ivan was busy defending himself, Angelica was busy too — clearing out his house. She took everything — light switches, the toilet roll holder, the Hills Hoist, even the wheelie bin. Including his legal fees, Ivan was $120,000 out of pocket.

IVAN DUHS: The way the police and Immigration handled this whole thing, something needs to be done about these sorts of situations. I mean, without any evidence, not one shred of evidence, just to be granted permanent residency. I'm renting now; I'll probably be renting to the day I die. And she's laughing at us, laughing at Immigration, laughing all the way to the bank, I'd say.

LIZ HAYES: It's not really surprising that many Russian women know the tricks of this marriage trade. Some examples are spelled out in this video. The video was made by our Department of Immigration and our Moscow embassy shows it to every Russian woman planning to marry an Australian. It virtually tells them that one way to gain permanent residency is to accuse their partner of certain offences. And that's what happened to Ron Bunting, another Australian who regrets the day he decided to take a Russian bride.

RON BUNTING: Today I look around, I'm working, I'm living my days out. That's basically what I'm doing. I've lost all my ambition, I've lost everything. I have no desire to ever be involved in a relationship anymore.

LIZ HAYES: You lost your heart?

RON BUNTING: Completely, yep, yep.

LIZ HAYES: Ron met Natalia Lomikina with the help of an introduction agency and they married in Lithuania.

RON BUNTING: She arrived here in Brisbane. The next morning we're driving home and she informs me that she's going to live in her own room. If I want sex I've got to come and visit her.

LIZ HAYES: Ron and Natalia settled in Blackbutt in Queensland where Ron managed the local cafe. He says he worked long hours to keep up with Natalia's demands.

RON BUNTING: She wanted a car, initially, but then it had to be a car with a CD player and air-conditioning. She wouldn't stand for anything less.

LIZ HAYES: Did you give it to her?

RON BUNTING: Yeah, yeah, she had one within two weeks. Then it was the mobile phone and new clothes, cosmetics, so I just said to her, "Okay, there's the money, if you need it, buy it", it's as simple as that.

LIZ HAYES: Did you not think at any stage, well, this is a bit much?

RON BUNTING: No, I just worked harder and harder and harder to pay for it.

LIZ HAYES: You just wanted to please her?

RON BUNTING: Exactly, yes, yep.

LIZ HAYES: Ron says his marriage came to an abrupt end when he arrived home one night to find Natalia gone. The next day, he tracked her down at a neighbour's place.

RON BUNTING: I asked her, you know, "Why, what's happened? Why have you left?" And her basic answer was, "I don't want to be married to you anymore. I don't want to be married to anybody. I want to live by myself."

LIZ HAYES: Did she accuse you of anything?

RON BUNTING: No, nothing whatsoever.

LIZ HAYES: She did not complain about your treatment of her?

RON BUNTING: No, no.

LIZ HAYES: In any of those conversations?

RON BUNTING: No.

LIZ HAYES: So you had no idea that she was going to accuse you of domestic violence?

RON BUNTING: None whatsoever.

LIZ HAYES: It turns out though, that Natalia did accuse Ron of abuse, but that's all. He was never charged with any offence. Little wonder when you see some of Natalia's accusations made in this statutory declaration. For example, he gave her a mobile phone for Christmas, she says, so as he could spy on her and he constantly told his wife that people would come into his shop just to see her beauty. But this document was enough to brand Ron a wife-basher and enough to grant Natalia permanent residence in Australia, even though she'd only lived here for six months.

Has she ever gone to the police with these allegations as far as you know?

RON BUNTING: Not as far as I know, no.

LIZ HAYES: And no policeman has ever come to you with the allegations that she has made?

RON BUNTING: Never.

LIZ HAYES: You have just never been questioned?

RON BUNTING: Never been questioned at all.

LIZ HAYES: And never been charged?

RON BUNTING: No.

LIZ HAYES: So never been found guilty?

RON BUNTING: No.

LIZ HAYES: And finally, there's the case of John di Mallory. He's a financial adviser but a bit reluctant to admit that because his clients might think he was foolish for taking a Russian bride.

JOHN DI MALLORY: She wasn't prepared to wait two years to get a permanent residency because her agenda didn't allow for that. So she had to act as soon as she could. And I was an instrument, that's all.

LIZ HAYES: John met Irena Anisimov in Siberia in April 2000.

JOHN DI MALLORY: She was a very attractive woman, intelligent woman, she had everything that I thought at the time … I thought at the time she was too good to be true.

LIZ HAYES: And she was.

JOHN DI MALLORY: And she absolutely was.

LIZ HAYES: Just 10 months after settling down with Irena in his Brisbane home, John di Mallory was surprised to find two police officers waiting for him when he got home from work. There were serious accusations against him.

You were asked to leave your house?

JOHN DI MALLORY: Correct.

LIZ HAYES: What was your reaction to this?

JOHN DI MALLORY: I felt for a second … I said, "This is my house. Are you telling me that I'm going to be ejected from it?" And they said, "Yes". I said, "It's my house" and they look at each other and we talk for a few minutes and they say, "Well, we've made a decision, you have to go." I said, "What about if I don't?" And, "Well, either you go voluntarily or we take you out, which one do you like?"

LIZ HAYES: The police told John he was accused of serious charges by his wife. But the law prevents us from reporting the details.

JOHN DI MALLORY: I was dumbfounded. You know, I couldn't really … it took me quite a long time to comprehend what was happening. You know, I just couldn't understand, it didn't make any sense.

LIZ HAYES: The magistrate hearing the case against John de Mallory made it clear he thought Irena was an unreliable witness, saying she wasn't frank or candid. She described her evidence as contradictory and improbable. But he found John de Mallory to be truthful and credible. But that didn't prevent Irena from claiming permanent residence. She only had to make the allegations … proof was not required. Nonetheless, Irena now lives in the house owned by John di Mallory.

Is it true that as a result of the allegations you made you got permanent residency?

IRENA ANISIMOV: Yes.

LIZ HAYES: So directly as a result of these allegations you made against your husband, you were allowed to stay permanently in Australia?

IRENA ANISIMOV: Yes.

LIZ HAYES: And the law says that John di Mallory is not allowed to approach his own house or to have any contact with Irena.

Is it true he came home to find the police here waiting for him? Is that true?

IRENA ANISIMOV: Yes.

LIZ HAYES: Did you not tell him that you had made these complaints against him before that?

IRENA ANISIMOV: No.

LIZ HAYES: Why not?

IRENA ANISIMOV: Sorry.

LIZ HAYES: Why did you not do that?

IRENA ANISIMOV: My English no good maybe.

LIZ HAYES: Your English is excellent. Your English is excellent. I understand you perfectly. As things stand, the Immigration Department warns new brides that relationships can change when they arrive in Australia. Perhaps they should be warning prospective husbands too.

JOHN DI MALLORY: She knew exactly what was required for her to come here and to stay here on her own terms and bring her family and that's what she's working on.

LIZ HAYES: And you believe she knew that right from the start?

JOHN DI MALLORY: Absolutely.

LIZ HAYES: What has happened to Natalia?

RON BUNTIING: She has a new relationship, a nice new home, a car, she has a good life, she's attending university. She has everything set up for her. She has legal representation, something I can't get. I don't get free legal representation. I can't defend myself in court over these matters. She can. Basically it's left me with nothing. She has everything.

LIZ HAYES: And in case you were wondering, yes, the Government does know this is going on. Three years ago they attempted to tighten the law to give husbands some protection, but they were defeated in the Senate by Labor and the Democrats.

IVAN DUHS: I've been gullible, I'm an idiot, I've been an idiot and I don't doubt there's a lot of Australian women out there laughing their you-know-whats off at me. Good luck to them, too.

LIZ HAYES: I don't think anyone will laugh at you at all. I think people will just say how does that happen?

IVAN DUHS: Well, I think something needs to be done. There's a bad loopholes in our government, the situation with Immigration, it just stinks. Something has to be done about it. And the sooner the better.

ENDS

Posted by: Keith

Khashyar:

Thanks for the interesting information. Does anyone know if the US laws are similar to those in Australia that permit this injustice? When I thought of scams, I didn't consider this angle.

Keith

Posted by: Khashyar

Hi Keith...

I'm not sure what Australian law is in regards to defamation.

However, I am pretty confident that "60 Minutes" probably has very good lawyers to defend thei case.

Also... I think that this will bring good press to the Elena's Models agency, which can only help get their name in the public's eye more, and thus reach more possible customers. It's a pretty smart business decision, really, as well as a way to respond to what the agency owner feels is an injustice. (I also feels that "60 Minutes" acted irresponsibly by associating Elena's Models with an unrelated scamming scenerio.)

Khashyar

Posted by: Jim_FL

I've actually spoken to Elena by e-mail on a number of occasions, she is quite gracious. I'll see if I can get her to post here. Out of all the agencies out there, hers is one of the MOST respected, in part due to her work exposing marriage/immigration scams, so this is even that much more outragous.

Posted by: Elena_Petrova

Hi,

Just an update to our case with 60 minutes.

We have posted more info on the story "Russian Roulette" (the transcript of the story on the site of 60 minutes in incomplete by the way; they cut out some phrases that were in the actual broadcast) at http://www.mediadefamation.org/defamation1.htm

It is in regard to the truthfulness of the broadcast.
Media publications are often built in such a way where phrases are cut out of the context and then they sound as the people said something different as what they really said. "Russian Roulette" is an explicit example.

Another article called "Immigration scams: ARE YOU AT RISK?" has been posted today at http://www.womenrussia.com/immigration_scams

This article analizes the issues of immigration scams and how actual is the problem for men seeking Russian wives, and gives solution how to protect yourself from a possible immigration scam.

I feel Media would do a much better service to their countrymen if they pointed out what men could do to protect themselves from immigration scams rather than trying to shock their viewers.

I have two Russian women working for us in our Australian office, both know their husbands for more than 5 years, and they both suffered the consequences of "Russian Roulette": families and friends of their husbands were phoning the husbands to warn them about dangers of being married to a Russian.

I can only imagine how many marriages will suffer because the story "Russian Roulette" broke trust in those marriages.

This is what I would call a real scam - scam against of many thousands Russian women married to Australian men.

How much better is such media than scammers that use photos of models to lurk unsuspecting men in sending money?