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Seminars, interviews & commentary    March 22, 2017   thumbnail
Twitter, defamation and "serious harm"

The recent UK Twitter libel case involving a food blogger and a controversial columnist highlights how current defamation law applies to the “Wild West” of social media … Sydney University media law academic and author Dr David Rolph reviews the judgment in light of the “serious harm” test ... more

Suppression    March 22, 2017  
State of NSW v Graham Kay

Lawyers for The Daily Telegraph succeed in getting suppression order pertaining to the “North Shore rapist” lifted … NSW Supreme Court Justice Ian Harrison rejects the serial sex offender’s arguments on two grounds – necessity and futility, and includes a warning to “anonymous contributors” ... more

Interlocutory    March 21, 2017   thumbnail
Dennis Jensen v Nationwide News & Andrew Burrell

Journalist for The Australian survives strikeout application brought by former Liberal Party candidate Dennis Jensen … Defamation claim and cross-claim set to be hard fought battle in WA Supreme Court … Carmel Galati reports ... more

Media Matters    March 20, 2017  
Australian Press Council launches Reconciliation Action Plan

Last week in Sydney, the Australian Press Council announced another initiative – a Reconciliation Action Plan aimed at the nation’s Indigenous media … Naaman Zhou was there, along with the council’s first Indigenous publication member, the Koori Mail ... more

Suppression    March 20, 2017   thumbnail
Lloyd Rayney v The State of Western Australia (No.8)

A rare win for open justice as WA Supreme Court refuses to suppress the identity of a key witness in criminal barrister Lloyd Rayney’s defamation action against the State of WA … Nick Stagg* reports ... more

Dossier    March 15, 2017  
Lies, damn lies and defamation

Some usual (and unusual) suspects feature in defamation actions around the country … New proceedings filed over stories in The Daily Telegraph, The Guardian, The Sydney Morning Herald, The Gold Coast Bulletin, The Courier Mail, The Daily Mail and on Channel Nine, 2GB and your ABC … Big-ticket trials in Melbourne and Perth … Mr Fluffy settles ... more

Seminars, interviews & commentary    March 14, 2017   thumbnail
18C and D going nowhere fast

The parliamentary human rights committee report on sections 18C and 18D of the Racial Discrimination Act is unlikely to compel any change … Legal affairs columnist Richard Ackland explains why there is no political appetite (or popular support) for George Brandis’ “right to be bigots” ... more

Seminars, interviews & commentary    March 13, 2017  
Reasonableness - an issue for judge or jury?

Should reasonableness in the statutory qualified privilege defence be decided by judge or jury? In this paper, barrister Bruce Connell examines section 30 of the Defamation Act 2005 and concludes there are three bases on which the question should be determined by the trial judge ... more

Media Matters    March 13, 2017   thumbnail
Media and public to get "viewing terminals" for live-streamed court proceedings

Open justice to get a boost in the UK as the government prepares to introduce laws to allow journalists and the public access to “virtual” court proceedings via “viewing terminals” ... Media and information law academic Judith Townend examines the proposals ... more

Seminars, interviews & commentary    March 9, 2017  
Lange, free speech and culture wars within the ADF

No one should be surprised – especially media companies – that a former army reservist who posted vitriolic anti-gay and anti-Muslim material on social media is not afforded the protection of Lange, says media lawyer Graham Hryce ... It is a “fourth rate freedom” ... more

Appeals    March 8, 2017   thumbnail
Chief of the Defence Force v Bernard Gaynor

The Full Court of the Australian Federal Court has found an Army Reserve officer whose commission was terminated after he refused to stop espousing “extreme” anti-gay and anti-Muslim views, did not have a constitutional “right” to express his opinions … Lange implied freedom of political communication was wrongly determined at the first instance ... more

Dossier    March 7, 2017  
Utter contempt

More contemptuous conduct by notorious blogger who calls himself a journalist … Bigger and better apologies feature in two recent high-profile settlements ... more

Seminars, interviews & commentary    March 6, 2017   thumbnail
Suppression orders vs open justice

A recent high profile criminal case highlights how the wide use of suppression orders in Victoria is undermining open justice and strengthening the case for an open justice advocate, writes Melbourne University academic Jason Bosland ... more

Suppression    March 3, 2017  
Nationwide News Pty Ltd v Qaumi, AW v R

NSW Court of Criminal Appeal expresses scepticism about the effectiveness of takedown orders in two judgments that have had non-publication orders lifted this week … Considerations of futility, necessity, prejudice and jurors’ conduct feature … Daniel Ahern reports ... more

Interlocutory    February 28, 2017   thumbnail
Simone Farrow v Nationwide News Pty Ltd

Former Penthouse Pet and convicted drug smuggler loses bid to sue The Daily Telegraph in defamation … NSW District Court Judge Judith Gibson dismisses the application on two grounds – both amount to an abuse of process ... more

Trial reports    February 27, 2017  
Lili Chel v Fairfax Media & Vanda Carson

A NSW Supreme Court jury rejects Fairfax Media’s contextual truth defence after Justice Robert Beech-Jones allows the defendant to “plead back” two imputations the jury found to be true … Damages hearing to follow ... more

Injunctions    February 27, 2017   thumbnail
Tosson Mahmoud v Australian Broadcasting Corporation

A self-represented plaintiff fails to prevent the ABC, Fairfax Media (and 27 others) from publishing that he has been declared a vexatious litigant … NSW Supreme Court Justice Lucy McCallum finds his claim for injunctive relief “hopeless” ... more

Injunctions    February 27, 2017  
Seven Network (Operations) Limited & Anor v Amber Harrison

NSW Supreme Court Justice Robert McDougall gives his reasons for continuing to “gag” the former lover of Seven West Media CEO Tim Worner … Both sides come in for criticism in what the judge describes as a “welter of accusation and counter-accusation” ... more

Trial reports    February 23, 2017   thumbnail
Lili Chel v Fairfax Media & Vanda Carson

Fair report defence rejected by NSW Supreme Court jury in mixed result for Fairfax and the former owner of a Kings Cross nightclub … Jury still to decide the contextual truth defence ... more

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