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Seminars, interviews & commentary    March 30, 2015   thumbnail
From McLibel to e-Libel

NSW District Court Defamation List Judge Judith Gibson takes a comprehensive look at recent issues and recurrent problems in defamation law in this paper, presented at the State Legal Convention in Sydney ... more

Appeals    March 24, 2015  
Peter Cruddas v Jonathan Calvert, Heidi Blake and Times Newspapers Ltd

UK Court of Appeal finds the former Conservative Party co-Treasurer Peter Cruddas behaved corruptly in offering “access for cash” and reduces his damages to £50,000 … Malice on the part of two Sunday Times journalists is upheld … This case note and comment from Inforrm ... more

Sources    March 24, 2015   thumbnail
Helen Liu v The Age Company Ltd & Ors

The Age wins battle to protect confidential sources five years after Chinese Australian businesswoman Helen Liu first wanted to find out who they were … Protection comes at a high price – the statutory qualified privilege defence – as Justice Lucy McCallum stays her original disclosure order ... more

Publication    March 23, 2015  
Rateb Jneid v Western Australian Newspapers Limited

Newspaper front-page displayed in glass box is a distinct publication with arguable “smoke” and the ordinary reasonable reader is not a lawyer, says WA Supreme Court Justice Ken Martin … Carmel Galati reports ... more

Media Matters    March 23, 2015   thumbnail
Journalists, sources and metadata

National security prevails as the government’s contentious metadata laws are about to be passed … Journalism and media law academic Dr Joseph Fernandez looks at the threat to journalists, their sources and investigative journalism itself ... more

Seminars, interviews & commentary    March 19, 2015  
UNSW defamation and media law update

The University of NSW recently hosted a seminar on defamation and media law … Leading practitioners discussed significant developments and troublesome trends … The contextual truth defence loomed large, as Evie Woodforde reports ... more

Seminars, interviews & commentary    March 19, 2015   thumbnail
Ten years of the Defamation Act

Ten years after the uniform Defamation Act of 2005, how has it fared? ... Barrister Tom Blackburn SC examines its operation and finds it wanting in several key respects … Read his views in this paper, delivered to the recent UNSW seminar on defamation and media law … more

Seminars, interviews & commentary    March 19, 2015  
Damages and the uniform Defamation Act

Capping damages under the uniform act has raised more questions than it answered … Is it a cap or a scale? ... In this paper, presented at the recent UNSW defamation and media law seminar, barrister Kieran Smark SC looks at how section 35 has been applied in recent times ... more

Seminars, interviews & commentary    March 18, 2015   thumbnail
Aspects of identification in defamation

How has the objective identification test in defamation cases evolved, what should be reasonably required of witnesses and what of group identification? ... Barrister Richard Potter probes the issues in this paper, presented at the UNSW defamation and media law seminar ... more

Seminars, interviews & commentary    March 18, 2015  
The defence of contextual truth and Hore Lacy

The defence of contextual truth is under such threat, it may soon be completely ineffective … Barrister Matthew Richardson reviews the cases and illuminates the issues in this paper, delivered at the recent UNSW defamation and media law seminar ... more

Seminars, interviews & commentary    March 17, 2015   thumbnail
Sydney welcomes WIPO

Last week the World Intellectual Property Office (WIPO) and IP Australia hosted a session in Sydney focused on their latest services and initiatives … Rocco Rinaldo was there ... more

Trial reports    March 16, 2015  
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & The Federal Capital Press of Australia Pty Ltd

Final submissions in the Hockey v Fairfax defamation trial … Senior counsel face off over imputations, reasonableness, malice and the law of defamation, as authored by one of them … Justice Richard White takes no prisoners ... more

Seminars, interviews & commentary    March 14, 2015   thumbnail
Question Time - David Weisbrot

The Australian Press Council’s new chair, Professor David Weisbrot comes with a solidly reformist background … So what’s his agenda and what does he see as the challenges for media companies, journalists and the council? He agreed to tell the Gazette ... more

Trial reports    March 12, 2015  
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & the Federal Capital Press of Australia Pty Ltd

Evidence in Hockey defamation trial against Fairfax comes to a close … Mexican standoff as journalists hold firm and the federal treasurer insists he was called corrupt … But does “dirt mean dirt?” ... more

Trial reports    March 11, 2015   thumbnail
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & the Federal Capital Press of Australia Pty Ltd

Journalistic practices and ethics under scrutiny in the Hockey defamation trial … Fairfax reporters stick to their stories (literally) under a sometimes strained cross-examination by Hockey’s counsel, Bruce McClintock SC ... more

Trial reports    March 10, 2015  
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & The Federal Capital Press of Australia Pty Ltd

Playing Hockey … “Perfect” Lange case says Fairfax defence counsel … Meanwhile, the federal treasurer’s defamation trial ventilates similar material to that canvassed in the article he’s suing over ... more

Trial reports    March 9, 2015   thumbnail
The Honourable Joseph Benedict Hockey v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & The Federal Capital Press of Australia Pty Ltd

The federal treasurer Joe Hockey takes to the witness box to prosecute his defamation action against Fairfax … High stakes case involves integrity of politicians and journalists … Much theatre ensues ... more

Seminars, interviews & commentary    March 5, 2015  
Copyright infringement draft industry code

Public responses to a draft code of conduct to curb online copyright infringement will close in less than a month … Rocco Rinaldo examines the Communications Alliance’s proposal and finds it largely uncontroversial, grey areas excepted ... more

Dossier    March 4, 2015   thumbnail
High Court affirms ACMA power

Today FM loses High Court appeal over the Australian Communications and Media Authority’s finding it breached its licence when two of its presenters made a prank call to a London hospital which resulted in the suicide of one of its staff … An important ruling affirming the power of the broadcasting watchdog ... more

Dossier    March 4, 2015  
Apologies (and cheques) all round

The Age publishes unprecedented front page apology to a young man it wrongly identified as a “teenage terrorist” ... Six separate defamation claims are averted ... more

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