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Trial reports    October 24, 2017  
Christopher Gayle v The Age Company Pty Limited & Ors

A difficult day for both sides … Chris Gayle’s only witness is skewered by his own text message and The Age sports editor comes under intense scrutiny over her steps to verify a story… Witness credit, journalistic practice and what stacks up feature on day two ... more

Trial reports    October 23, 2017   thumbnail
Christopher Gayle v The Age Company Pty Limited & Ors

West Indies star cricketer Chris Gayle says an alleged genital exposure incident “never happened” and he did “nothing wrong” in the infamous Mel McLaughlin interview … Fairfax pleads truth and statutory qualified privilege over ten publications … Gayle’s counsel argues that a judge, not a jury, should decide reasonableness ... more

Seminars, interviews & commentary    October 19, 2017  
A rare win for the Lange doctrine

The High Court’s upholding of the Lange implied free speech doctrine isn’t as surprising or straightforward as it appears … Media lawyer Graham Hryce finds the court’s reasoning fraught with legal complexity ... more

Dossier    October 18, 2017   thumbnail
High Court bulletin

Big win for free speech … High Court finds Tasmanian laws protecting forestry operations from protesters are invalid because they impinge upon the constitutional implied freedom of political communication … The court refuses special leave over “perverse” jury verdict substitution in another matter ... more

Seminars, interviews & commentary    October 17, 2017  
"Heroic" or just plain risky? Twitter's approach to proceedings backfires

Recent NSW Supreme Court-ordered Twitter takedown involving an anonymous tweeter has some interesting lessons, particularly for “foreign” online platforms … Simon Johnson and Freda Chan look at the judgment and its implications ... more

Appeals    October 13, 2017   thumbnail
Google Inc v Janice Duffy

SA Full Court finds Google liable for publication of defamatory content of snippets and hyperlinked articles … This case note and comment by London-based media law specialist Hugh Tomlinson QC ... more

Seminars, interviews & commentary    October 10, 2017  
No clear result in law applying to search engines

The long-awaited decision from SA’s Full Supreme Court does little to clarify the perplexing issue of how a search engine is liable for defamation, writes Sydney University media law academic Professor David Rolph ... The judgment raises more questions than it answers in relation to publication, intention and knowledge ... more

Interlocutory    October 10, 2017   thumbnail
Denis Wagner & Ors v Harbour Radio & Ors

Queensland’s prominent Wagner family succeed in bid to have defamation proceedings involving 32 publications brought against Alan Jones, 2GB and others tried without a jury … The problem is “more than one about size” says Supreme Court Justice Peter Applegarth ... more

Costs    October 9, 2017  
Damian Sheales v The Age Company Pty Ltd & Ors

Melbourne criminal barrister who won defamation action against The Age refused costs on an indemnity basis … He failed to disclose two documents critical to a resolution of the dispute … Victorian Supreme Court Justice John Dixon finds they were withheld for “forensic advantage” ... more

Injunctions    October 9, 2017   thumbnail
Gary Miller v An Overseas Newspaper & Ors

NSW Supreme Court Justice Lucy McCallum grants urgent injunction over “highly defamatory” overseas newspaper story and makes pseudonym orders in respect of the parties … Google Inc advises it will not remove its search engine results, but is ordered to do so ... more

Seminars, interviews & commentary    October 9, 2017  
Judge rejects sex offender's bid to censor Google searches

Interesting High Court (Belfast) decision sees sex offender who changed his name by deed poll fail in a bid to force Google to expunge the results of searches about his history of offending, including when he was a child … This report from Media Lawyer’s Mike Dodd ... more

Seminars, interviews & commentary    October 5, 2017   thumbnail
2017 Media Law Resource Centre conference

Trump, Brexit, fake news, Max Mosley (in person), privacy, the “right to be forgotten”, libel reform, dazzling speakers and a whole lot of well-lubricated networking featured at this year’s Media Law Resource Centre conference in London … This report from News Corp Australia in-house counsel Larina Mullins ... more

Interlocutory    October 4, 2017  
Ronney Oueik v Luke Foley

Separate proceedings for slander brought against the NSW opposition leader by the former mayor of Auburn are dismissed … What Luke Foley said to a Channel Seven reporter lacks context, the imputations pleaded do not arise and the action is trivial ... more

Damages    October 4, 2017   thumbnail
Bhupinder Takhar v Harminder Kaur Sroa.

Prominent member of Adelaide’s Sikh community awarded $10,000 over a defamatory article posted on a temple notice board … Publication was for a short time and likely to be read by a “very, very limited” number of people ... more

Interlocutory    October 3, 2017  
Plymouth Brethren (Exclusive Brethren) Christian Church v Fairfax Media Publications Pty Ltd, The Age Company Pty Ltd & Michael Bachelard

NSW Supreme Court Defamation List Judge Lucy McCallum dismisses two sets of proceedings brought against Fairfax and one of its investigative journalists … Self-described “church” the Plymouth Brethren is not identifiable in the article ... more

Seminars, interviews & commentary    October 2, 2017   thumbnail
The Fourth Estate and the Fake Estate: Brexit, Trump and the rise of populism

In this paper, presented at the September 2017 Media Law Resource Centre conference in London, NSW District Court Defamation List Judge Judith Gibson asks what recent political developments mean for the press and democracy in Europe and America, and how the press and judiciary should respond to the problem of “fake news” ... more

Seminars, interviews & commentary    September 29, 2017  
The exorbitant injunction in X v Twitter

The NSW Supreme Court has issued a global injunction enjoining overseas defendants to remove tweets of a corporate leaker … Sydney University media law academic Michael Douglas reviews the case, and the injunction ... more

Seminars, interviews & commentary    September 28, 2017   thumbnail
Defamation law reform - Australia

The third edition of Defamation Law in Australia has just been published, with a new chapter on why the time is right for reform … This summary, by the book’s author Patrick George, details what could be modified or improved in light of the digital world and the law in practice ... more

Appeals    September 28, 2017  
Simone Farrow v Nationwide News Pty Ltd

Convicted drug smuggler denied leave to appeal District Court judgment rejecting her bid for leave to commence defamation proceedings over Daily Telegraph articles … NSW Court of Appeal also affirms abuse of process finding on proportionality grounds ... more

Interlocutory    September 27, 2017   thumbnail
Tony Kazal v Fairfax Media Publications Pty Ltd (No 2)

Plaintiffs win the day in two interlocutory rounds … Justice McCallum allows one to call Capilano Honey and its employees “bullies” ... Fairfax Media granted a modest $20,000 security for costs in relation to a high-profile plaintiff who lives overseas ... more

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