If 2UE’s Michael Smith was truly concerned about freedom of speech as he claims, he would have his big interview published in a newspaper or on the internet. But he dare not. Instead, he has chosen to hold his employer to ransom by refusing to agree not to broadcast material on air that could bring a defamation case against Fairfax Radio and affect 2UE’s broadcast license. For more than a week the station’s lawyers have been poring over the material to see if there is any way it could be aired without risk to their client. After all 2UE, like most media, is in the business of breaking news not burying it. It could do with a scoop. But it is not just Fairfax’s legal team that have, after much investigation and discussion, come to the conclusion that the material is too risky to broadcast, News Ltd have rejected it too.

None of this seems to wash with Smith who told The Australian, “This country’s pretty screwed up if decent, working people can’t turn to a free and open media to have their say.” Yes, but the country would also be pretty screwed up, if anybody could make public allegations about someone else, be it Gillard, Abbott or Joe Blow, that could ruin their reputation and career unless it is supported by hard evidence. That’s why we have defamation laws in this country.

Smith’s own belief, “I have exhaustively interviewed (Bob Kernohan) and satisfied myself to my own level of satisfaction that he is telling the truth,” is not, in itself, evidence enough in the real world.

If Smith truly feels that he is being unfairly gagged by management and he wants to crusade for lofty ideals of free speech, then he should have the courage of his convictions and post the interview on his own website at his own risk. He can certainly garner enough publicity to drive traffic to it and maybe pick up some sponsorship dollars from the tobacco or club industry into the bargain.

While it is often argued that all publicity is good publicity, and this is certainly getting Smith’s name up there with Jones, it is doubtful that Fairfax management would appreciate his intemperate comments in their competitor’s press, “I was suspended by Graham Mott — G, R, A, H, A, M, M, O, T, T – today,” he told The Oz.

But this is not the sort of bad-but-good publicity that comes from outraged non-listeners for a distasteful prank on an FM station that ends up drawing more listeners from the target market.

By putting the black hat on his station’s call sign while claiming the white hat for himself, Smith has rubbished the 2UE brand to its own listeners.

The argy-bargy between 2UE management and staff member Smith by now has gone on long enough for it to come to a head. He should either do as management directs, or have the guts to resign before he is sacked.