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Seminars, interviews & commentary    November 24, 2017  
Book review: Online Publication Claims: A Practical Guide

Just how useful is the recent UK book Online Publication Claims: A Practical Guide? NSW District Court Defamation List Judge Judith Gibson examines the detail and finds much to recommend, just in time for Christmas, and beyond ... more

Trial reports    November 23, 2017   thumbnail
Mouhammad Tabbaa and Pamela Tabbaa v Nine Network Australia Pty Ltd

Credibility at the centre of another big defamation trial, this one brought by an estranged husband and wife over a 60 Minutes broadcast, a news report and website feedback … Nine pleads truth and honest opinion for claims the plaintiffs abducted their daughter, beat her and forced her to live in Syria for five years ... more

Privilege    November 21, 2017  
Marion Collier v Country Women's Association of NSW

Defamation battle involving an expelled member of the Country Women’s Association (NSW) ends in resounding victory for the defendant … Casebook example of qualified privilege … It’s also true that the plaintiff bullied, harassed, insulted and defamed other members ... more

Seminars, interviews & commentary    November 19, 2017   thumbnail
Social media and jury trials

The impact of social media on criminal trials is the basis for the UK attorney general’s call for “urgent reform”, but can (and should) the law be curtailing such freedom of expression? ... Leeds University media law academic Dr Paul Wragg investigates ... more

Damages    November 16, 2017  
Mar Meelis Zaia v Sargon Eshow

Self-represented defendant ordered to pay substantial damages over a series of defamatory Facebook posts attacking the archbishop of his church … NSW Supreme Court Justice Lucy McCallum also orders a permanent injunction ... more

Damages    November 14, 2017   thumbnail
Bryan Stokes v Stephen Ragless

South Australian clay target shooter falsely accused of being a gangster and drug runner (among other things) gets damages of $90,000 for 41 online defamatory publications and 15 emails by “keyboard warrior” keen “to exact revenge” ... The court also grants a permanent injunction ... more

Seminars, interviews & commentary    November 10, 2017  
Online publication claims: Norwich Pharmacal orders and jurisdiction issues

Norwich Pharmacal orders can be employed against ISPs to identify anonymous internet “wrong-doers”, but a recent UK decision has highlighted some jurisdictional issues… Kirsten Sjovall examines the implications in this edited extract from a new book Online Publication Claims: A Practical Guide ... more

Dossier    November 9, 2017   thumbnail
To be continued ...

Actions continue to mount in the Federal Court … End of year settlement fever strikes Fairfax, Nationwide News, The Daily Mail Australia and Channel Seven … Appeals, actions, exits and entrances ... more

Seminars, interviews & commentary    November 6, 2017  
Government press release identifying "extremist hate speaker" was "opinion"

What constitutes fact, as opposed to opinion, is put to the test in a recent UK decision involving a government press release featuring the words “extremist hate speaker”... This case note and comment by trainee barrister Natasha Holcroft-Emmess ... more

Appeals    November 6, 2017   thumbnail
Denis Wagner & Ors v Nine Network Australia Pty Ltd & Ors

Wagner brothers succeed in having three struck-out imputations reinstated by the QLD Court of Appeal … Nine Network and journalist Nick Cater will now have to defend some serious allegations, including that the plaintiffs caused the deaths of 12 people ... more

Publication    November 3, 2017  
Lei Vaa v Tony Barakat

Woman caught stealing on shop CCTV fails to prove publication of a poster featuring her photo and the caption “THIEF” ... She also fails to prove a conversation with the defendant was published to a third person …The credit of both parties found wanting by NSW District Court Judge Judith Gibson ... more

Media Matters    November 1, 2017   thumbnail
Canada passes law to protect sources

Canadian journalists welcome important new law protecting their confidential sources … Burden of proof shifts from the journalist to those seeking the information … This report from Media Lawyer’s Mike Dodd ... more

Seminars, interviews & commentary    October 31, 2017  
A not so surprising verdict

When world views collide … As the fallout continues from the jury verdict in Chris Gayle’s defamation trial against Fairfax, media lawyer Graham Hryce suggests why it’s not so surprising that the media company went down ... more

Trial reports    October 30, 2017   thumbnail
Christopher Gayle v The Age Company Pty Limited & Ors

NSW Supreme Court jury finds it untrue that international cricketer Chris Gayle intentionally exposed himself to a team massage therapist and indecently propositioned her in 2015 … Massive loss for three Fairfax companies as the jury also finds they published the story maliciously ... more

Seminars, interviews & commentary    October 30, 2017  
Online Publication Claims: An introduction

According to a new UK book, Online Publication Claims: A Practical Guide, media law is only beginning to respond to the many and varied challenges of the internet … The book’s editors Guy Vassall-Adams QC and Hugh Tomlinson QC outline the issues in this edited extract from their introduction ... more

Trial reports    October 25, 2017   thumbnail
Christopher Gayle v The Age Company Pty Limited & Ors

The treatment of women in (and around) sport gets an airing in the NSW Supreme Court … Fairfax’s chief witness testifies as to the truth of her allegation against cricketer Chris Gayle … His barrister claims it was all a conspiracy to oust his client from the West Indies team ... more

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