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Dossier    May 19, 2017   thumbnail
Press freedom in Sydney, Melbourne and Ontario

Freedom of speech the subject of several events here and overseas … Medals, discussions and lawsuits in Sydney, Melbourne and Canada ... more

Appeals    May 17, 2017  
John Lesses v Theo Maras

Full Court of the SA Supreme Court finds one imputation pleaded for three publications wasn’t conveyed … Bitter battle between former friends and members of the Greek Orthodox community in Adelaide continues ... more

Seminars, interviews & commentary    May 14, 2017   thumbnail
Mexican attorney receives apology and libel damages from the Guardian

Interesting case involving multiple republications and the liability of the original publisher results in damages and apology from the Guardian .... Persephone Bridgman Baker looks at how the law fails to deal with the rapid spread of information via the internet, and who’s responsible ... more

Interlocutory    May 15, 2017  
David Otto v Gold Coast Publications Pty Ltd & Anor

A recent interlocutory judgment has highlighted the “artificiality” of defamation law treating the same articles published both online and in print as multiple and distinct publications in a converged media environment … Daniel Ahern reports ... more

Dossier    May 12, 2017   thumbnail
The jury's out, or is it?

Fairfax seeks clarification on juries in the Federal Court and on the contextual truth defence (again) ... Celebrity defamation action in Melbourne and Sydney … Google and Yahoo make fresh strike out application …. Settlements, apologies, mediations and new actions ... more

Damages    May 9, 2017  
Katie Milne v Bob Ell

“Tit-for-tat” defamation action brought by Greens councillor against property developer results in damages of $45,000 after comment defence fails … NSW Supreme Court Justice Stephen Rothman describes it as a “direct and fundamental attack on the suitability of the plaintiff for public office” ... more

Seminars, interviews & commentary    May 8, 2017   thumbnail
Music piracy site-blocking injunction granted

Copyright case brought by music industry against ISP companies is a further implementation of important new powers in the fight against piracy, says Sydney copyright lawyer Eli Fisher ... But will it result in lower rates of piracy? ... more

Appeals    May 8, 2017  
Dr Ratna Ghosh v Nine Digital Pty Ltd

NSW Court of Appeal rejects attempt to have two defendants whose cases were dismissed in the District Court added to separate proceedings commenced in the Supreme Court … It would cause “undue oppression and injustice” to Channel Nine ... more

Media Matters    May 5, 2017   thumbnail
The threats to journalist sources are very real

Recent events have demonstrated just how concerning the threat to journalist sources remains … Head of the department of journalism at Curtin University, Associate Professor Joseph M. Fernandez, looks at the evidence and calls for action ... more

Seminars, interviews & commentary    May 4, 2017  
Automated censorship is not the answer to extremism

A recent (UK) Home Affairs Select Committee report into extremist videos and posts on social media has made “unbalanced” recommendations which threaten free expression, says Jim Killock, executive director of the Open Rights Group ... more

Appeals    May 2, 2017   thumbnail
Natalie O'Brien v Australian Broadcasting Corporation

A rare win for the comment/honest opinion defence is appealed in the NSW Supreme Court … Did the ABC’s Media Watch host Paul Barry base his comments on proper material? ... Natalie O’Brien, the journalist who was defamed, fights back ... more

Media Matters    May 1, 2017  
The persecution of Kate McCann

The media has been at its salacious worst in the case of missing child Madeleine McCann … Kate McCann given the Lindy Chamberlain treatment … Libel action fails at all levels … The tragedy made worse by bungling Portuguese police and judiciary … Sohini Mehta reports … more

Injunctions    April 24, 2017   thumbnail
Justine Munsie & Ors v Shane Dowling

Lawyers for Kerry Stokes apply for permanent injunction against a notorious blogger who continues to publish defamatory material in breach of a plethora of court orders … NSW Supreme Court Justice Stephen Rothman seems unimpressed by the defendant’s “submissions” ... more

Appeals    April 24, 2017  
Quan Pham v Legal Services Commissioner

Victorian solicitor found guilty of professional misconduct and who unsuccessfully sued over a report on the Legal Services Commissioner’s website refused leave to appeal … His imputations are not capable of being conveyed ... more

Appeals    April 21, 2017   thumbnail
Nationwide News Pty Ltd v Malcolm Weatherup

The Australian loses appeal over jury verdict which found it was untrue a former Townsville Bulletin court reporter was “habitually intoxicated” ... QLD Supreme Court Justice Peter Applegarth finds the jury’s verdict reasonable in all but one instance ... more

Contempt    April 20, 2017  
Jane Doe 1 & 2 v Shane Dowling

For the second time in as many years a NSW blogger has been found guilty of contempt … NSW Supreme Court Justice Ian Harrison finds his breaches of suppression orders “intentional, wilful and deliberate” and warns that imprisonment could be the penalty this time … Daniel Ahern reports ... more

Seminars, interviews & commentary    April 20, 2017  
Film review - "Denial"

The famous defamation action brought by Holocaust denier David Irving against American academic Deborah Lipstadt and Penguin Books has been turned into a “satisfying courtroom drama”, according to Sydney University Professor of Law and author David Rolph ... The film has resonance in Australia too ... more

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