Last week’s Centre for Media and Communications Law (CMCL) conference at Melbourne University featured a host of fascinating speakers and topics – from duelling defamers to “The Rwandan Michael Jackson”. ABC media lawyer Lynette Houssarini had a box seat ... more
Year: 2010
Rafiq Ahmed v Nationwide News and News Digital Media Pty Ltd
NSW District Court Judge Michael Bozic refuses plaintiff leave to “plead back” defendants’ contextual truth imputations in light of Justice Simpson’s judgment in Kermode v Fairfax – because of its potential for injustice ... more
Balancing reputation rights and freedom of speech
Should internet publications be subject to pre-suit resolution? What about a US-style Federal Appeals Court to review all freedom of speech of decisions? NSW District Court Judge Judith Gibson argues the case for reform in a paper she delivered today to the Intellectual Property, Media and Communications Law Roundtable held at UTS ... more
Bryan McMahon v John Fairfax Publications Pty Ltd & Ors
Sydney litigation lawyer Bryan McMahon forced to live with third further amended statement of claim after the NSW Court of Appeal rejects his bid for a fourth. Leading defamation silk gets rapped over the knuckles ... more
Dr John Malouf v Dr Stephen Prince
Public hospital policy, doctor loyalty, patient care, medical technology, professional rivalry and all manner of oozy ear, nose and throat problems feature in Dr John Malouf’s action against Dr Stephen Prince ... more
Liability in the internet age
Media law academic Dr David Rolph looks at the impact of new forms of communications on defamation law. Where does the defence of innocent dissemination come in? And are internet service providers, website hosts and search engines really publishers? ... more
Daniel Snedden v Nationwide News Pty Ltd
The barrister for alleged war criminal Daniel Snedden struggles to convince the NSW Court of Appeal that Justice Megan Latham got it wrong when she found it true that Snedden committed a massacre and was a rapist – among other things ... more
Dr John Malouf v Dr Stephen Prince
How efficiently is the defamation list running in the NSW District Court? If Dr John Malouf’s action against fellow ear, nose and throat surgeon Dr Stephen Prince is any indication, the new system appears to have some real teething problems ... more
The fall of libel and the rise of privacy
As traditional libel actions fall by the wayside, there seems to be an increase in actions over material posted on the internet – at least in the USA. New York-based media lawyer Michael Cameron surveys the landscape, as seen from the recent MLRC conference ... more
Wilkie’s Journalists’ Privilege Bill – Overview
The independent federal member for Denison, Andrew Wilkie, recently introduced his private members’ Bill for the protection of journalists and their sources. Here’s a summary of the key features ... more
Cougar’s claws clipped
Interlocutory drama … NRL “Cougar” Charmyne Palavi deliberately destroyed evidence … Nationwide News fails to get Habib costs order changed ... more
Lana Mundine v Avery Brown, APN News & Media Ltd and Daily Examiner Pty Ltd
The defence of common law qualified privilege fails again … NSW Supreme Court Justice Ian Harrison awards Aboriginal mental health worker Lana Mundine $60,000 damages over “serious” defamation in The Daily Examiner … more