Uncapped damages, juries stymied, media interests advanced … Sydney media barrister Mark Polden critiques Ian Callinan QC’s recent speech on the 2005 Defamation Act, privacy and the power of the media ... more
Year: 2012
Pat O’Shane v Harbour Radio Pty Ltd & Alan Jones
The NSW Court of Appeal insists it will decide all questions raised by magistrate Pat O’Shane in her defamation action against 2GB and its leading shock jock Alan Jones – including whether she is legally “debarred” from bringing it in the first place ... more
Zia Qureshi v Fairfax Media Pty Ltd
After 17 damning days, former corporate high flyer Zia Qureshi calls it a day … Verdict for Fairfax in last of the NSW defences and damages trials under the old Defamation Act ... more
A defence of responsible tweeting?
The vulnerability of tweeters and re-tweeters under current UK defamation law has been highlighted by the Lord McAlpine affair … University of East Anglia Law School lecturer Dr Paul Bernal sees an opportunity to introduce a timely new defence – “responsible tweeting” ... more
Media plurality and standards: Australia after Finkelstein
Are the Finkelstein Report’s justifications for statutory media regulation based on reasonable grounds? Sydney media barrister Mark Polden examines the arguments and the reality … more
Twitter and the newsroom
Twitter has become so ubiquitous that modern journalism now can’t do without it … Sebastian Dixon looks at how the newsroom has taken to Twitter and how the role of the journalist is being transformed by it … more
IP news here, and there
High Court refuses Optus special leave over footy broadcasts … Federal Court upholds “grey goods” restrictions … Free software movement founder speaks out … US patent chief disagrees … US Republicans confused ... more
Sins of the father – revisited
Corbys on a litigation high … Paul Howes sued by estranged stepfather … Sacked Star Casino manager sues The Sydney Morning Herald ... So does pudgy PI Frank Monte … Boarding house owners take on The Daily Telegraph ... Underbelly writers targeted again … Prison officers proceed against the ABC … Fairfax apologises to Lachlan Murdoch … Franciscan nun seeks special leave ... more
Another unreasonable step for qualified privilege
Are Australian courts steadily subverting free speech? Media law academic Dr David Rolph thinks the High Court’s recent introduction of reasonableness into the defence of qualified privilege is another incremental step in the wrong direction ... more
Media regulation: Damned if you do, damned if you don’t
Lord Justice Leveson’s recommendations for media regulation in the UK will be delivered next week … Melbourne media lawyer Peter Bartlett looks at the difficult balancing act he must perform to protect press freedom, while reining in renegade practices … more
Phone hacking in America
The extraordinary case of four plaintiffs recently awarded damages of \US$3.9 million over phone tapping by “private investigator to the stars” Anthony Pellicano … Judge Judith Gibson reviews the case and examines the differing role played by journalists and the law in the US and Britain ... more
Mise Petrov v Most Do & Peco Ivanovski
NSW Supreme Court Justice Carolyn Simpson orders publisher of Macedonian newspaper and his source to pay damages of $350,000 for defaming an invalid pensioner … The defendants failed to turn up to court … more