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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

Media Matters    April 13, 2017   thumbnail
Letís be reasonable

Forget 18C – Australian defamation law holds a far more dangerous threat for journalists, writes Michael Bachelard ... In this article, he looks at where the law fails the practice of journalism and suggests how it could be improved ... more

Seminars, interviews & commentary    April 12, 2017  
Social media, defamation and damages

The rise of social media platforms has not seen a concomitant increase in defamation actions in Australian courts … But what of the damages for social media defamation? ... The Gazette looks at the past four years ... more

Publication    April 10, 2017   thumbnail
UK woman wins permission to appeal Facebook libel

A woman who defamed her former husband on Facebook and was ordered to pay damages of £5000 is granted leave to appeal … At issue is the responsibility for publication of statements on social media … This report from Media Lawyer’s Mike Dodd ... more

Injunctions    April 5, 2017  
Sean Carolan v Fairfax Media Publications Pty Ltd (No 7)

NSW Supreme Court Justice Lucy McCallum refuses to grant a “wholly successful” defamation plaintiff permanent injunctions … The defamatory material was removed after judgment and any risk of “inadvertent repetition” is small ... more

Interlocutory    April 4, 2017   thumbnail
George Defteros v Google Inc & Anor

Google Australia has once again had a case against it dismissed on the basis that it is not liable as a publisher … Melbourne criminal lawyer’s defamation action against US parent company Google Inc to continue … Seb Tonkin reports ... more

Seminars, interviews & commentary    April 4, 2017  
Fake news and defamation war stories

Sydney’s media law fraternity gathered for a lively seminar on fake news, freedom of speech and defamation law … And to trade pre-publication war stories in a city bar … Reports from the front line ... more

Trial reports    April 3, 2017   thumbnail
Lili Chel v Fairfax Media & Vanda Carson

Lili Chel’s damages hearing against Fairfax Media reveals she wants in excess of $200,000 – including damages for aggravation – because she was “attacked” personally … Fairfax thinks she deserves more like $5000 ... more

Media Matters    April 3, 2017  
Appeal court orders Vice Media to produce source communications to police

Ontario Court of Appeal gives Vice Media short shrift and orders it to produce source communications to the police … A ban on reporting police evidence is also upheld … Paul Schabas, Iris Fischer and Ravi Amarnath review the judgment ... more

Seminars, interviews & commentary    March 31, 2017   thumbnail
Freedom of speech, fake news and alternative facts

In this paper, presented at the Law Council of Australia’s International Law Section seminar, NSW District Court Defamation List Judge Judith Gibson looks at the balance between freedom of speech and reputation in a post-truth, digital world … more

Seminars, interviews & commentary    March 29, 2017  
Imputations - should a jury consider them separately?

Is the time right for a return to a section 7A-style, split trial regime where the jury decides the issue of imputations separately? Barrister Bruce Connell examines some recent evidence in this paper, and argues that it would be most unwise ... more

Seminars, interviews & commentary    March 27, 2017   thumbnail
When is a true imputation contextual?

Two very different interpretations of the contextual truth defence have emerged in recent decisions of the NSW Supreme Court … Media lawyer and author Patrick George attempts to make sense of the vexed issue of “pleading back” in theory, and in practice ... more

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