Gazette

Separate proceedings, or one – for more than one publication? This issue and the cap on damages imposed by the uniform Defamation Act of 2005 continue to ruffle the feathers of some rare birds at the defamation bar. Bruce McClintock SC lets fly ... more

A fourth edition of The Journalist’s Guide to Media Law has just been published. Media lawyer, commentator and occasional journalist Leanne O’Donnell interrogates the “refreshingly forthright” text ... more

Journalists’ shield laws recently got the nod in the form of Independent Andrew Wilkie’s Journalists’ Privilege Bill. Reading University-based academics Lawrence McNamara and Sam McIntosh review the Senate committee’s findings and look at how the Wilkie Bill stacks up against protections in the UK ... more

Last week’s Centre for Media and Communications Law (CMCL) conference at Melbourne University featured a host of fascinating speakers and topics – from duelling defamers to “The Rwandan Michael Jackson”. ABC media lawyer Lynette Houssarini had a box seat … more

Should internet publications be subject to pre-suit resolution? What about a US-style Federal Appeals Court to review all freedom of speech of decisions? NSW District Court Judge Judith Gibson argues the case for reform in a paper she delivered today to the Intellectual Property, Media and Communications Law Roundtable held at UTS ... more

Media law academic Dr David Rolph looks at the impact of new forms of communications on defamation law. Where does the defence of innocent dissemination come in? And are internet service providers, website hosts and search engines really publishers? ... more

As traditional libel actions fall by the wayside, there seems to be an increase in actions over material posted on the internet – at least in the USA. New York-based media lawyer Michael Cameron surveys the landscape, as seen from the recent MLRC conference ... more

Former High Court Justice Michael McHugh AC QC enjoyed a formidable reputation at the defamation bar … In this interview with the Gazette he talks about the way defamation cases were fought in the 1960s … The disproportionate costs of fighting cases today … And the law’s failure to strike the right balance ... more

Skanks, whores and Gutnick ... As blogs and tweets attract more defamation actions, online media commentator Leanne O’Donnell reviews the latest developments ... more

When is it “not reasonable in the circumstances” to commence proceedings within one year of publication? Barrister Rob Anderson reviews two recent Queensland Court of Appeal judgments dealing with limitation periods under the uniform Defamation Act (2005) ... more

Media law academic Dr David Rolph casts his eye over the sweaty, complicated world of sports celebrities and how their bid for privacy protection from the law has enjoyed mixed success ... more

David Levine is a former Defamation List judge of the NSW Supreme Court. Although retired, he continues to take a keen interest in media law and agreed to comment on some recent and disturbing developments ... more

The rumour mill continues to churn around the future of juries in defamation hearings at the District Court. The Chief Judge of that court, Reg Blanch, declined an interview with the Gazette. No so, the Supreme Court’s Chief Judge at Common Law, Peter McClellan ... more

Judith Gibson’s recent departure as Defamation List Judge at the NSW District Court took everyone by surprise – and caused some speculation about the future of juries in defamation trials. Her Honour agreed to talk to the Gazette about this, and other media law issues ... more

In a major win for First Amendment advocates, the US federal Court of Appeals has ruled that huge fines levied against American broadcast companies for “fleeting expletives” on live TV are unconstitutional. Michael Cameron reports from New York ... more

London-based media lawyer Stephen Collins looks at two recent UK rulings – one affirming the right to publish offensive material, the other defining responsible journalism – and asks what all the fuss is about ... more

“Crisp, entertaining and informative”. Leading defamation barrister Tom Blackburn SC reviews Celebrity and the Law, a recent book examining “the law’s response to a global phenomenon” ... more

Barbara McDonald is Professor of Law at Sydney University, specialising in torts. She is co-author of the recently published Celebrity and the Law and agreed to share her views on this and other vexing media law issues ... more

To sue, or not to sue – in defamation, or in injurious falsehood? Media law academic Dr David Rolph reflects on a recent NSW Supreme Court decision that makes it easier for corporations to get injunctive relief ... more

Online defamation has entered a new phase in Australia with the commencement of two actions – one against Google and one against Yahoo! – in the Supreme Court of Victoria. What’s happening in the rest of the world? Leanne O’Donnell investigates ... more

As twittering becomes the media avenue of choice for court reporting, debate rages. Is it the same as broadcasting? What are the rules and who should be allowed to tweet? Leanne O’Donnell reports in from the twittersphere ... more

The NSW Attorney General has loudly trumpeted the greater media and public access afforded by his new Court Information Bill. The Financial Review Group’s in-house solicitor Richard Coleman examines the facts behind the fanfare ... more

London-based media lawyer Stephen Collins looks at the differing approaches to capacity taken by English and Australian judges ... more

A model Bill has been drawn up, and states and territories invited to pass identical laws dictating how and when suppression orders should be made – but will they achieve uniformity? Media lawyer Phil Beattie takes a look at the proposed new regime … more

Ten years on, the Australian Communications and Media Authority has hosted a public forum examining the impact of the disclosure regime spawned by its cash-for-comment inquiry. Reptiles, academics and admen mingled fearlessly ... more

Press freedoms in Australia will take another battering if federal parliament passes the National Security Legislation Amendment Bill 2010. Journalism academic Dr Jacqui Ewart examines two key aspects of the proposed legislation and their impact on journalists and press freedom ... more

Is invasion of privacy the new frontier for interlocutory injunctions? What principles govern the distinction between reputation and other legal interests? Media law academic Dr David Rolph reflects on the case of English footballer John Terry and News of the World ... more

Is author Dr Simon Singh’s victory against the British Chiropractic Association a watershed in libel jurisprudence? London-based media lawyer Stephen Collins argues that the result is simply the proper application of the fair comment/honest opinion defence ... more

Can Lara Bingle sue over the nude shower photo and what’s at stake? University of Sydney media law academic Dr David Rolph casts a wry eye over the evidence – and the law ... more

Britain’s libel landscape is up for some major excavation and reconstruction, thanks to Justice Secretary Jack Straw. UK-based media lawyer Anastasia Nicholas summarises what’s at stake ... more

The Supreme Court of Canada breaks new ground by creating a defence of “responsible communication” in defamation cases involving matters of public importance. New York-based Michael Cameron reviews the judgment and its impact on the media and those who would stifle freedom of speech ... more

Social activist and legal academic Julian Disney took over as chair of the Australian Press Council in December 2009. His appointment followed a year of funding cuts and robust debate about the Council’s role and future. In this interview, Professor Disney talks about how he sees it ... more