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Trial reports    November 27, 2015  
Hamza Cheikho v Nationwide News

Jury finds most imputations pleaded against The Daily Telegraph by a young Muslim man involved in the 2012 Hyde Park protest didn’t arise … Honest opinion and truth are upheld, with Justice Lucy McCallum still to decide qualified privilege for one imputation ... more

Dossier    November 25, 2015   thumbnail
IP news, here and there

New Jersey Circuit Court finds no likeness between a “floating head from outer space” and video game player Billy Mitchell … YouTube initiative to protect videos created under Fair Use exceptions … IP Australia lists what is patentable in genetics ... more

Seminars, interviews & commentary    November 24, 2015  
Newspaper archive to be hidden from internet searches, but no "re-writing of history"

Right to be forgotten case illustrates the “proper and proportionate” balance of privacy and freedom of expression in respect of newspaper archives, says Inforrm’s Hugh Tomlinson QC ... more

Seminars, interviews & commentary    November 23, 2015   thumbnail
Paddling in the backwater: Australian courts and online defamation

Two recent Australian judgments involving online defamation illustrate just how far the common law here is lagging behind the rest of the world, according to author, academic and barrister Dr Matt Collins QC ... What we need is urgent legislative reform ... more

Publication    November 22, 2015  
Brett Smith v Ken Lucht

All in the family … An Ipswich solicitor who was likened to the hapless lawyer featured in the Australian film The Castle has his defamation action dismissed … The plaintiff was unlikely to suffer harm by being called “Dennis Denuto” to two members of his family ... more

Privilege    November 19, 2015  
Dugald Walker & Anor v Richard Brimblecombe

QLD Court of Appeal rules that a malicious email sent to shareholders was not protected by either form of qualified privilege when it was re-published to “unknown persons at ASIC” ... more

Publication    November 18, 2015   thumbnail
Milorad Trkulja v Google Inc

A Melbourne man who reaped substantial damages from Google and Yahoo over defamatory search engine results enjoys another victory … Victorian Supreme Court finds Google is a publisher, even prior to receiving notice ... more

Trial reports    November 17, 2015  
Lili Chel v Fairfax Media & Vanda Carson

King Cross nightclub owner describes her “upmarket, trendy” venue before her defamation case against Fairfax is stayed … NSW Court of Appeal rules on the right of a party to abandon its election for a jury trial, and to revisit a decision not to ... more

Trial reports    November 16, 2015   thumbnail
Lili Chel v Fairfax Media & Vanda Carson

Defamation trial brought by the wife of former Nomads bikie gang president against Fairfax Media gets off to a slow start as parties argue over whether the matter should be heard by a jury … A quick trip to the Court of Appeal ensues ... more

Truth    November 16, 2015  
Paul Hudson v Susan Mellis

Another self-represented plaintiff loses his case, this time in the QLD District Court … Judge David Reid finds the solicitor/plaintiff’s demeanour “aggressive”, “strident”, “grossly offensive and rude” ... more

Appeals    November 16, 2015   thumbnail
Milorad Trkulja v Srboljub Markovic

Self-represented litigant loses appeal over allegations of unfairness … Victorian Court of Appeal examines the guidelines for hearing such cases, in this case in the absence of transcript of the whole trial ... more

Sources    November 13, 2015  
Draft Bill "will give police routine access to sources"

Journalists’ sources under threat in the UK as parliament prepares to ratify the Investigatory Powers Bill … Gavin Millar QC warns that clause 61 could be used routinely by police to identify confidential contacts … This article from Media Lawyer ... more

Trial reports    November 12, 2015   thumbnail
Natalie O'Brien v Australian Broadcasting Corporation

Final days of Fairfax journalist’s action against the ABC over a damning Media Watch critique reveals more contradictions … Meanwhile, the presiding judge, Lucy McCallum discloses another personal connection ... more

Trial reports    November 10, 2015  
Natalie O'Brien v Australian Broadcasting Corporation

Fairfax journalist under pressure over the sources and facts behind two environmental stories criticised by Media Watch for being inaccurate and alarmist … Counsel for the ABC, Peter Gray SC, asks whose interests she was furthering ... more

Trial reports    November 9, 2015   thumbnail
Natalie O'Brien v Australian Broadcasting Corporation

Unusual case of a journalist attacked by Media Watch suing in defamation … Questions of truth, integrity and professional reputation feature in evidence before NSW Supreme Court Justice Lucy McCallum, sitting without a jury ... more

Seminars, interviews & commentary    November 9, 2015  
Suing Facebook is no easy matter

The UK High Court dismisses defamation and privacy actions against Facebook and Google over “imposter” posts … The social media platform is not responsible for publication because it has no ability to control content ... Rosalind English reports ... more

Seminars, interviews & commentary    November 4, 2015   thumbnail
Beware the tweet

The humble tweet continues to be the subject of defamation proceedings … In this article, Melbourne media lawyer Peter Bartlett examines the perils (and costs) of social media in light of existing laws and the threat to free speech ... more

Appeals    November 3, 2015  
Janet Kencian & Anthony Wooley v Christopher Daunt Watney

QLD Court of Appeal compels school principal to have his defamation action against the parents of two children at his school tried by a jury … The primary judge allowed “extraneous or irrelevant matters” to affect his decision ... more

Publication    November 3, 2015   thumbnail
Dr Janice Duffy v Google Inc

South Australian researcher succeeds in defamation case against Google over search results and hyperlinks which implied she was a “psychic stalker” ... Supreme Court Justice Malcolm Blue finds Google took an active role in publishing the material … Rico Jedrzejczyk reports ... more

Comment    November 2, 2015  
Barry McEloney v Stephanie Massey

Rare victory for defence of honest opinion as WA District Court judge dismisses defamation claim brought by an accountant over nine Facebook posts criticising him professionally … The posts were honest opinion based on true facts, and in the public interest ... more

Appeals    October 30, 2015   thumbnail
Dr Ratna Ghosh v Nine MSN Pty Ltd & Ors

Newcastle doctor Dr Ratna Ghosh has had the dismissal of her proceedings against Channel Nine upheld by the NSW Court of Appeal … NSW District Court Judge Judith Gibson was right to find the plaintiff’s conduct an abuse of process ... more

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