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Interlocutory    April 24, 2015   thumbnail
Jasmin White v Laura Sparkes

Channel Seven journalist off the hook as a defamation case brought solely against her is dismissed for lack of diligence … NSW District Court Defamation List Judge Judith Gibson expounds on the problems of the self-represented litigant ... more

Seminars, interviews & commentary    April 21, 2015  
Re-evaluating Campbell v MGN Ltd: Great promise unfulfilled

How has the right to privacy promised by Campbell fared in the past ten years? ... Not too well, according to University of Leeds academic Dr Paul Wragg ... His analysis looks at why courts have consistently permitted the public interest to trump the misuse of private information ... more

Media Matters    April 21, 2015   thumbnail
"Error" in journalist prosecutions

After four more British journalists are acquitted of paying public officials for stories, the former UK Director of Public Prosecutions says their prosecution was a mistake … More weight needs to be given to the public interest ... more

Damages    April 19, 2015  
Jarrod Sierocki & Anor v Paul Klerck & Ors

Queensland Supreme Court awards record amount of damages to a man who was repeatedly defamed on various websites by his former business partner and others, including a disaffected former client ... more

Appeals    April 17, 2015   thumbnail
Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans

Twelve years after a scathing restaurant review in The Sydney Morning Herald, three former restaurateurs succeed in having their damages increased, with interest backdated four years … Fairfax accused of “high-handed conduct” ... more

Seminars, interviews & commentary    April 14, 2015  
A torrent of misunderstanding?

Last week’s Federal Court judgment allowing Dallas Buyers Club to find out who illegally downloaded and shared the film was widely misinterpreted, according to Sydney copyright lawyer Eli Fisher ... His analysis examines the vexed issue of damages, along with the copyright holder’s possible true intent ... more

Suppression    April 13, 2015   thumbnail
Once more unto the breach

Journalists and publishers are still waiting to see if they will be charged for breaching suppression orders related to Adrian Bayley, the Melbourne man convicted of raping and killing Jill Meagher … Andrea Petrie reports ... more

Dossier    April 9, 2015  
IP news, here and there

Implications of the Federal Court’s piracy judgment … Australia’s new injunctive regime for online copyright infringement … Apple Watch in Switzerland (not) ... Flickr’s new licensing models … Rocco Rinaldo reports ... more

Appeals    April 8, 2015   thumbnail
Derick Sands v State of South Australia

Former photographer loses his appeal over a police press conference which identified him as a “primary suspect” in the 1997 murder of a model … All grounds for appeal are dismissed… Rico Jedrzejczyk reports ... more

Seminars, interviews & commentary    April 7, 2015  
Google's pain, an imperfect decision in an imperfect world

Academics, commentators, students and lawyers, including Google’s senior privacy counsel, gathered at the University of Cambridge recently for a conference on internet regulation after Google Spain ... Athalie Matthews reports the key discussion points in this Inforrm article ... more

Dossier    April 2, 2015   thumbnail
Actions neutralised

A rash of big name settlements has broken out … Media companies do deals with an acquitted murderer, a Supreme Court judge, former politicians (disgraced, and not), a friend of the Obeids and the family of convicted drug runner Schapelle Corby ... more

Dossier    April 1, 2015  
Pryor warning

Former Fairfax journalist sues high-octane Fairfax columnist … Fairfax also served by a former Olympic gold medallist and a man it wrongly identified as a drug addict and an armed robber … ABC sued over Four Corners investigation and Media Watch segment … 2GB’s Ray Hadley sued by a curbside numbers painter ... more

Seminars, interviews & commentary    March 31, 2015   thumbnail
NSW State Legal Conference

Issues arising from social media featured as the centrepiece of a recent NSW State Legal Conference in Sydney … Speakers agree the law is lagging behind … Evie Woodforde reports ... more

Imputations    March 30, 2015  
Morgan Ryan v Random House Australia Pty Ltd

Imputations judgment leaves Lionel Murphy’s “little mate” with four out of 16 imputations he originally pleaded … Ten to be re-pleaded as his lawyer asks for an expedited hearing due to his client’s “advanced years” ... more

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 Conference 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

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