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Media Matters    April 14, 2014   thumbnail
The X factor

Journalists in the firing line in Victoria and NSW … Suppression orders, a defamation action and criminal charges take the edge off “fight for the truth” ... more

Sources    April 11, 2014  
Helen Liu v The Age Company Ltd & Ors

Hard-fought sources disclosure battle between Chinese businesswoman Helen Liu and The Age nearing an end … NSW Supreme Court Justice Lucy McCallum reserves her final decision as discreet settlement discussions continue ... more

Media Matters    April 9, 2014   thumbnail
Reporter gets harassment warning for investigating fraudster

Fallout from News of the World phone hacking scandal … UK Metropolitan Police serve harassment warning on local newspaper reporter who asked questions … This report from the Press Association ... more

Dossier    April 8, 2014  
IP news, here and there

UK police target pirate sites’ revenue streams … Roman Court of Appeals overturns blocking order … Sony’s worst takedown order yet … Australian government Bill to protect sporting event logos and indicia … Rocco Rinaldo reports … more

Seminars, interviews & commentary    April 4, 2014   thumbnail
Treading a fine line: Balancing privacy and public interest in law reform

The Australian Law Reform Commission has just released its Discussion Paper on privacy in the digital era … In this article, Commissioner in charge of the inquiry, Professor Barbara McDonald, outlines the thinking behind the proposal for a new statutory tort of privacy ... more

Seminars, interviews & commentary    April 3, 2014  
RDA changes would amplify prejudice

As debate continues about the federal government’s proposed amendments to the Racial Discrimination Act, Australia’s Race Discrimination Commissioner Tim Soutphommasane explains how the changes would work to encourage racial prejudice and its outward expression ... more

Damages    April 3, 2014  
Timothy Visscher v Maritime Union of Australia

Tugboat captain awarded damages of $90,000 over two defamatory articles published by the Maritime Union of Australia … All defences fail – truth, contextual truth, qualified privilege and honest opinion … Rebecca Gall reports ... more

Appeals    April 1, 2014   thumbnail
Andrew Holt v TCN Channel Nine Pty Ltd, Nine Network & Ben Fordham

NSW Court of Appeal dismisses appeal brought by a man awarded $4500 for defamation by Channel Nine … The primary judge, Christine Adamson, also got it right when she ordered Nine to pay only half of his costs on a party/party basis ... more

Seminars, interviews & commentary    March 31, 2014  
Defamation, political speech, meaning and comment

A recent UK decision illustrates the defence of comment at work to protect the “stuff of political disagreement” ... Anthony Hudson analyses the judgment in this Inforrm article ... more

Appeals    March 28, 2014   thumbnail
Sylvia Enders v Erbas & Associates Pty Ltd & Anor

NSW Court of Appeal upholds defences of qualified privilege for an intra-office email … Acting appeal judge Murray Tobias affirms that it wasn’t necessary to get the plaintiff’s side of the story before publication … Rico Jedrzejczyk reports … more

Dossier    March 27, 2014  
IP news here, and there

IP Australia modernises its customer enquiry and international patents systems … Google and Viacom settle seven-year YouTube copyright battle … US judge rules that IP addresses are not people … Rocco Rinaldo reports ... more

Privilege    March 26, 2014   thumbnail
Louis Prefumo v Arriadne Bradley

WA Chief Justice dismisses defamation action brought by a brother against his sister over statements she made to mental health professionals … Both parties were self-represented ... more

Damages    March 25, 2014  
Brendan Ritson v Gary Burns

Former policeman who was called a criminal by gay rights activist is awarded damages of $7500 for publication to one person … NSW Supreme Court Justice Lucy McCallum says the action “warrants some explanation” ... more

Seminars, interviews & commentary    March 24, 2014   thumbnail
Politicians, contempt and the media

Did the Prime Minister Tony Abbott cross a line when he commented on the ABC defending the defamation action brought by columnist for The Australian, Chris Kenny? ... Media law academic Dr David Rolph examines the authorities ... more

Suppression    March 21, 2014  
Australian Broadcasting Corporation v Local Court of NSW

The ABC succeeds in setting aside wide-ranging non-publication and suppression orders imposed by the Wollongong Local Court … NSW Supreme Court Justice Christine Adamson affirms right of the media to report court proceedings ... more

Seminars, interviews & commentary    March 20, 2014   thumbnail
Anti-discrimination and free speech perspectives

A recent seminar at the Law Society of NSW heard from a panel of legal experts about the wisdom, or otherwise, of repealing section 18C of the Racial Discrimination Act ... In this paper Tom Blackburn SC argues that “a moral entitlement merely not to be offended or insulted is not a fit subject for legislation” ... more

Suppression    March 20, 2014  
Anti-Doping Rule Violation Panel (ADRVP) v XZTT No. 2

The Full Federal Court affirms that the principle of open justice will prevail over “personal interests in privacy” ... A cyclist who tested positive for cocaine can be named … Daniel Stuk reports ... more

Seminars, interviews & commentary    March 20, 2014   thumbnail
The ALRC Copyright Report and its reaction

Debate is raging in the wake of the Australian Law Reform Commission’s final report on Copyright and the Digital Economy ... Eli Fisher reviews the key recommendations and the divided responses to it ... more

Seminars, interviews & commentary    March 18, 2014  
Shield laws in Australia and the quest for journalists' sources

The WA Supreme Court last week allowed Fairfax Media to seek special costs against Gina Rinehart’s Hancock Prospecting after the mining magnate withdrew her bid to compel journalist Adele Ferguson to reveal her sources … Peter Bartlett and Amanda Jolson review the current state of shield laws in Australia alongside some recent sources disclosure cases ... more

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