Airwallex Threatens Nine with Legal Action Over AFR Articles
Fintech demands article removal and gag order on legal threats over leaked documents. A test case for corporate confidentiality vs. public interest journalism.
Melbourne-founded fintech Airwallex has threatened legal action against Nine Entertainment over nine articles published in the Australian Financial Review and Sydney Morning Herald between 2019 and 2024, claiming the stories were based on leaked confidential company documents.
Legal Demands Target Article Removal
Lawyers appointed by the global payments platform claim the articles represent "an indefensable breach of confidence" and have demanded Nine permanently remove all pieces containing references to internal documents, return or destroy the leaked materials, and have CEO Matt Stanton sign a statutory declaration confirming compliance.
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The targeted articles include a 2024 AFR piece titled "Airwallex sought way around Hong Kong anti-money laundering rules" and a 2021 Sydney Morning Herald report on poor staff survey results based on leaked internal messaging screenshots.
Mark O'Brien Legal principal Paul Svilans wrote that Airwallex obtained the documents from "a former employee who was under an express obligation of confidence" and "has given certain admissions" about their conduct. The documents allegedly contain "sensitive commercial information not intended for public information."
Unusual Suppression Attempt Included
In an uncommon move, Airwallex has also forbidden Nine from publishing details of the legal threats themselves, claiming the letter was sent "on a private and confidential and not for publication basis" and that publishing it "would be unethical."
The AFR noted that journalists "often publish confidential information because it is in the public interest," defending their reporting practices. The masthead's decision to report on the legal threats despite the prohibition highlights ongoing tensions between corporate confidentiality claims and public interest journalism in Australia's media landscape.
Company Disputes Accuracy of Reporting
An Airwallex spokesperson stated the articles "contained inaccurate information" and the company is "considering their legal rights in relation to the inaccurate allegation." The company did not specify which claims in the articles were inaccurate or provide alternative facts to counter the reporting.
The case represents a confrontational approach to crisis management, where companies deploy legal enforcement tactics rather than traditional media engagement to control negative narratives. This strategy demanding both article removal and prohibiting coverage of the legal action itself marks a departure from collaborative approaches to managing corporate reputation concerns.
The dispute continues as Nine has not publicly responded to the specific legal demands, though the AFR's publication of details about the threats indicates the media company is proceeding with its reporting despite the legal pressure.
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