Seminars, interviews & commentary    October 10, 2017

No clear result in law applying to search engines

The long-awaited decision from SA’s Full Supreme Court does little to clarify the perplexing issue of how a search engine is liable for defamation, writes Sydney University media law academic Professor David Rolph ... The judgment raises more questions than it answers in relation to publication, intention and knowledge ... more

 

Interlocutory/Case-Management    October 10, 2017

Denis Wagner & Ors v Harbour Radio & Ors

Queensland’s prominent Wagner family succeed in bid to have defamation proceedings involving 32 publications brought against Alan Jones, 2GB and others tried without a jury … The problem is “more than one about size” says Supreme Court Justice Peter Applegarth ... more

 

Seminars, interviews & commentary    October 9, 2017

Judge rejects sex offender’s bid to censor Google searches

Interesting High Court (Belfast) decision sees sex offender who changed his name by deed poll fail in a bid to force Google to expunge the results of searches about his history of offending, including when he was a child … This report from Media Lawyer’s Mike Dodd ... more

 

Injunctions    October 9, 2017

Gary Miller v An Overseas Newspaper & Ors

NSW Supreme Court Justice Lucy McCallum grants urgent injunction over “highly defamatory” overseas newspaper story and makes pseudonym orders in respect of the parties … Google Inc advises it will not remove its search engine results, but is ordered to do so ... more

 

Costs    October 9, 2017

Damian Sheales v The Age Company Pty Ltd & Ors

Melbourne criminal barrister who won defamation action against The Age refused costs on an indemnity basis … He failed to disclose two documents critical to a resolution of the dispute … Victorian Supreme Court Justice John Dixon finds they were withheld for “forensic advantage” ... more

 

Seminars, interviews & commentary    October 5, 2017

2017 Media Law Resource Centre conference

Trump, Brexit, fake news, Max Mosley (in person), privacy, the “right to be forgotten”, libel reform, dazzling speakers and a whole lot of well-lubricated networking featured at this year’s Media Law Resource Centre conference in London … This report from News Corp Australia in-house counsel Larina Mullins ... more

 

Interlocutory/Case-Management    October 4, 2017

Ronney Oueik v Luke Foley

Separate proceedings for slander brought against the NSW opposition leader by the former mayor of Auburn are dismissed … What Luke Foley said to a Channel Seven reporter lacks context, the imputations pleaded do not arise and the action is trivial ... more

 

Damages table    October 4, 2017

Bhupinder Takhar v Harminder Kaur Sroa.

Prominent member of Adelaide’s Sikh community awarded $10,000 over a defamatory article posted on a temple notice board … Publication was for a short time and likely to be read by a “very, very limited” number of people … more

 


Seminars, interviews & commentary    October 2, 2017

The Fourth Estate and the Fake Estate: Brexit, Trump and the rise of populism

In this paper, presented at the September 2017 Media Law Resource Centre conference in London, NSW District Court Defamation List Judge Judith Gibson asks what recent political developments mean for the press and democracy in Europe and America, and how the press and judiciary should respond to the problem of “fake news” ... more

 

Seminars, interviews & commentary    September 29, 2017

The exorbitant injunction in X v Twitter

The NSW Supreme Court has issued a global injunction enjoining overseas defendants to remove tweets of a corporate leaker … Sydney University media law academic Michael Douglas reviews the case, and the injunction ... more

 

Seminars, interviews & commentary    September 28, 2017

Defamation law reform – Australia

The third edition of Defamation Law in Australia has just been published, with a new chapter on why the time is right for reform … This summary, by the book’s author Patrick George, details what could be modified or improved in light of the digital world and the law in practice ... more