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Seminars, interviews & commentary Articles from 2017
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Seminars, interviews & commentary    March 29, 2017  
Imputations - should a jury consider them separately?

Is the time right for a return to a section 7A-style, split trial regime where the jury decides the issue of imputations separately? Barrister Bruce Connell examines some recent evidence in this paper, and argues that it would be most unwise ... more

Seminars, interviews & commentary    March 27, 2017  
When is a true imputation contextual?

Two very different interpretations of the contextual truth defence have emerged in recent decisions of the NSW Supreme Court … Sydney media lawyer and author Patrick George attempts to make sense of the vexed issue of “pleading back” in theory, and in practice ... more

Seminars, interviews & commentary    March 24, 2017  
Businessman awarded damages for defamation and "sophisticated campaign of harassment"

Defamation and harassment on social media and on the street result in damages of £80,000 to a London businessman accused of murdering a TV presenter … David Hill reviews a judgment involving public interest, privacy, serious harm and reasonableness ... more

Seminars, interviews & commentary    March 22, 2017  
Twitter, defamation and "serious harm"

The recent UK Twitter libel case involving a food blogger and a controversial columnist highlights how current defamation law applies to the “Wild West” of social media … Sydney University media law academic and author Dr David Rolph reviews the judgment in light of the “serious harm” test ... more

Seminars, interviews & commentary    March 14, 2017  
18C and D going nowhere fast

The parliamentary human rights committee report on sections 18C and 18D of the Racial Discrimination Act is unlikely to compel any change … Legal affairs columnist Richard Ackland explains why there is no political appetite (or popular support) for George Brandis’ “right to be bigots” ... more

Seminars, interviews & commentary    March 13, 2017  
Reasonableness - an issue for judge or jury?

Should reasonableness in the statutory qualified privilege defence be decided by judge or jury? In this paper, barrister Bruce Connell examines section 30 of the Defamation Act 2005 and concludes there are three bases on which the question should be determined by the trial judge ... more

Seminars, interviews & commentary    March 9, 2017  
Lange, free speech and culture wars within the ADF

No one should be surprised – especially media companies – that a former army reservist who posted vitriolic anti-gay and anti-Muslim material on social media is not afforded the protection of Lange, says media lawyer Graham Hryce ... It is a “fourth rate freedom” ... more

Seminars, interviews & commentary    March 6, 2017  
Suppression orders vs open justice

A recent high profile criminal case highlights how the wide use of suppression orders in Victoria is undermining open justice and strengthening the case for an open justice advocate, writes Melbourne University academic Jason Bosland ... more

Seminars, interviews & commentary    February 15, 2017  
UKIP MEP to pay 162,000 damages to three MPs over child abuse scandal remarks

UKIP member of the European Parliament to pay £162,000 damages to three Labour MPs over libelous comments she made at a party conference … Britain’s High Court rejects the defendant’s argument that her remarks were “political speech” ... The Press Association’s Jan Colley reports ... more

Seminars, interviews & commentary    February 9, 2017  
The future of news: Journalism in a post-truth era

Harvard University recently hosted a discussion on journalism and truth in the era of Trump … Luminaries from the print and online worlds offered no immediate solutions to the problems of “post-truth”, according to Hannah Ryan, who was there ... more

Seminars, interviews & commentary    January 31, 2017  
lnternet publication, liability and context

The recent Victorian Court of Appeal judgment involving Google illustrates the complexity inherent in applying defamation law to internet publication … Sydney media law academic Dr David Rolph explains why context is paramount ... more

Seminars, interviews & commentary    January 25, 2017  
Law reform should protect, not harm creators

The Productivity Commission’s recommendations for reform of Australian intellectual property law has not only failed to deliver protection for creators, they actually work against innovation … Sydney copyright lawyer Eli Fisher critiques the report ... more

Seminars, interviews & commentary    January 23, 2017  
New Zealand defamation law: 2016 in review

Political defamation cases featured in New Zealand in 2016 … As well as record damages and the Jameel doctrine … Wellington defamation lawyer Ali Romanos reviews the media law year that was ... more