Big end of town settlements feature as the end of the year draws nigh … Justice McCallum chastises plaintiff barrister (in his absence) and orders mediation in ABC matter … Wisconsin court dismisses proceedings against Fairfax ... more
Year: 2014
The IP year in review
The past year has seen the release of several seminal reports, followed by much discussion and debate … Internationally, Kim Dotcom, the Pirate Bay and Wiklieaks figured prominently, as Rocco Rinaldo reports ... more
Highlights and lowlights of 2014
The Gazette asked a handful of savvy media law types to choose the highlights and lowlights of the year that was … Some consensus emerged, at least in terms of UK developments ... more
Code’s protections come into play after damage is done
The UK’s new Code of Practice for acquiring and disclosing communications data has come under attack from media organisations for good reason – it fails to protect journalist’s sources … This analysis from Media Lawyer’s Mike Dodd … more
Defamation cap rising well above inflation
An analysis of the 2005 defamation damages cap demonstrates that it is increasing at a rate far greater than inflation – up from $250,000 to $366,000 since 2006 … Melbourne media lawyer John-Paul Cashen crunches the numbers ... more
Press needs a regulator to protect itself – and the rest of us
The case for independent regulation of the British press gets a boost following revelations about the methods of former News of the World reporter Mazher Mahmood, the so-called “Fake Sheik” ... Goldsmiths Professor of Journalism Angela Phillips explains why ... more
Spurr’s poetic licence stays online
New Matilda and Professor Barry Spurr have a meeting of minds (sort of) ... An injunction prevents further publication, but Spurr’s racist and sexist emails stay online … More free speech action in the pipeline for the independent news website ... more
Katie Milne v Bob Ell
NSW of Court of Appeal attempts to put a brake on further legal action between Greens councillor Katie Milne and property developer Bob Ell … Both applications for leave to appeal are refused, along with any order as to costs ... more
Nicholas Polias v Tobin Ryall & Ors
Poker player awarded $340,000 over defamatory and “scurrilous” Facebook posts by four defendants … NSW Supreme Court Justice Stephen Rothman finds the first defendant deliberately lied on oath and the second’s conduct “vicious and malicious” … more
Khurrum Awan v Ezra Levant
Free speech at issue in Canada as the Ontario Supreme Court finds allegations made by a right-wing journalist and blogger baseless and malicious … Damages of Can$80,000 ensue … This case note and comment from Inforrm ... more
Book Review: Social Media and the Law
This timely tome, edited by Patrick George, looks at social media and the law in a number of areas and from a range of perspectives … Barrister Richard Potter gave it a test read and predicts it will be much quoted ... more
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies
Offer of amends judgment finds heavily against the media – to the tune of an extra $300,000 … Justice Lucy McCallum judges Fairfax’s offer unreasonable in several critical respects, including the failure to Tweet an apology … more