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Seminars, interviews & commentary Articles from 2010
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Seminars, interviews & commentary    December 16, 2010  
When the cap doesn't fit

Separate proceedings, or one – for more than one publication? This issue and the cap on damages imposed by the uniform Defamation Act of 2005 continue to ruffle the feathers of some rare birds at the defamation bar. Bruce McClintock SC lets fly ... more

Seminars, interviews & commentary    December 7, 2010  
The Journalist's Guide to Media Law - Book review

A fourth edition of The Journalist’s Guide to Media Law has just been published. Media lawyer, commentator and occasional journalist Leanne O’Donnell interrogates the “refreshingly forthright” text ... more

Seminars, interviews & commentary    December 6, 2010  
Journalists' shield laws: What lies ahead?

Journalists’ shield laws recently got the nod in the form of Independent Andrew Wilkie’s Journalists’ Privilege Bill. Reading University-based academics Lawrence McNamara and Sam McIntosh review the Senate committee’s findings and look at how the Wilkie Bill stacks up against protections in the UK ... more

Seminars, interviews & commentary    December 1, 2010  
Duelling defamers, killer songs and skirmishing scientists: The 2010 CMCL conference

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

Seminars, interviews & commentary    November 29, 2010  
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

Seminars, interviews & commentary    November 24, 2010  
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

Seminars, interviews & commentary    November 12, 2010  
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

Seminars, interviews & commentary    October 28, 2010  
Question Time - Michael McHugh

Former High Court Justice Michael McHugh AC QC enjoyed a formidable reputation at the defamation bar … In this interview with the Gazette he talks about the way defamation cases were fought in the 1960s … The disproportionate costs of fighting cases today … And the law’s failure to strike the right balance ... more

Seminars, interviews & commentary    September 27, 2010  
When word of mouth becomes world of mouth

Skanks, whores and Gutnick ... As blogs and tweets attract more defamation actions, online media commentator Leanne O’Donnell reviews the latest developments ... more

Seminars, interviews & commentary    September 24, 2010  
Commencing proceedings has its limitations

When is it “not reasonable in the circumstances” to commence proceedings within one year of publication? Barrister Rob Anderson reviews two recent Queensland Court of Appeal judgments dealing with limitation periods under the uniform Defamation Act (2005) ... more

Seminars, interviews & commentary    September 17, 2010  
Privacy - in with a sporting chance

Media law academic Dr David Rolph casts his eye over the sweaty, complicated world of sports celebrities and how their bid for privacy protection from the law has enjoyed mixed success ... more

Seminars, interviews & commentary    August 16, 2010  
Juries, Chiefs & Indians

David Levine is a former Defamation List judge of the NSW Supreme Court. Although retired, he continues to take a keen interest in media law and agreed to comment on some recent and disturbing developments ... more

Seminars, interviews & commentary    August 5, 2010  
Interview - Justice Peter McClellan

The rumour mill continues to churn around the future of juries in defamation hearings at the District Court. The Chief Judge of that court, Reg Blanch, declined an interview with the Gazette. No so, the Supreme Court’s Chief Judge at Common Law, Peter McClellan ... more

Seminars, interviews & commentary    July 26, 2010  
Question Time - Judith Gibson

Judith Gibson’s recent departure as Defamation List Judge at the NSW District Court took everyone by surprise – and caused some speculation about the future of juries in defamation trials. Her Honour agreed to talk to the Gazette about this, and other media law issues ... more

Seminars, interviews & commentary    July 21, 2010  
Who gives a fleeting f#@*!

In a major win for First Amendment advocates, the US federal Court of Appeals has ruled that huge fines levied against American broadcast companies for “fleeting expletives” on live TV are unconstitutional. Michael Cameron reports from New York ... more

Seminars, interviews & commentary    July 20, 2010  
Publish and be damned

London-based media lawyer Stephen Collins looks at two recent UK rulings – one affirming the right to publish offensive material, the other defining responsible journalism – and asks what all the fuss is about ... more

Seminars, interviews & commentary    July 1, 2010  
Perhaps a little more cynicism is called for ...

“Crisp, entertaining and informative”. Leading defamation barrister Tom Blackburn SC reviews Celebrity and the Law, a recent book examining “the law’s response to a global phenomenon” ... more

Seminars, interviews & commentary    June 28, 2010  
Question Time - Barbara McDonald

Barbara McDonald is Professor of Law at Sydney University, specialising in torts. She is co-author of the recently published Celebrity and the Law and agreed to share her views on this and other vexing media law issues ... more

Seminars, interviews & commentary    June 28, 2010  
Barbara McDonald - part 2
... more
Seminars, interviews & commentary    June 25, 2010  
A tort by any other name

To sue, or not to sue – in defamation, or in injurious falsehood? Media law academic Dr David Rolph reflects on a recent NSW Supreme Court decision that makes it easier for corporations to get injunctive relief ... more

Seminars, interviews & commentary    June 15, 2010  
Online defamation around the world

Online defamation has entered a new phase in Australia with the commencement of two actions – one against Google and one against Yahoo! – in the Supreme Court of Victoria. What’s happening in the rest of the world? Leanne O’Donnell investigates ... more

Seminars, interviews & commentary    June 10, 2010  
Court reporting all a twitter

As twittering becomes the media avenue of choice for court reporting, debate rages. Is it the same as broadcasting? What are the rules and who should be allowed to tweet? Leanne O’Donnell reports in from the twittersphere ... more

Seminars, interviews & commentary    May 18, 2010  
Too much information (not)

The NSW Attorney General has loudly trumpeted the greater media and public access afforded by his new Court Information Bill. The Financial Review Group’s in-house solicitor Richard Coleman examines the facts behind the fanfare ... more

Seminars, interviews & commentary    May 17, 2010  
Putting capacity into context

London-based media lawyer Stephen Collins looks at the differing approaches to capacity taken by English and Australian judges ... more

Seminars, interviews & commentary    May 14, 2010  
The brave new world of suppression orders

A model Bill has been drawn up, and states and territories invited to pass identical laws dictating how and when suppression orders should be made – but will they achieve uniformity? Media lawyer Phil Beattie takes a look at the proposed new regime … more

Seminars, interviews & commentary    May 12, 2010  
Cash for comment legacy

Ten years on, the Australian Communications and Media Authority has hosted a public forum examining the impact of the disclosure regime spawned by its cash-for-comment inquiry. Reptiles, academics and admen mingled fearlessly ... more

Seminars, interviews & commentary    April 29, 2010  
Upping the anti-terrorism Bill

Press freedoms in Australia will take another battering if federal parliament passes the National Security Legislation Amendment Bill 2010. Journalism academic Dr Jacqui Ewart examines two key aspects of the proposed legislation and their impact on journalists and press freedom ... more

Seminars, interviews & commentary    April 21, 2010  
Defamation, privacy and injunctions

Is invasion of privacy the new frontier for interlocutory injunctions? What principles govern the distinction between reputation and other legal interests? Media law academic Dr David Rolph reflects on the case of English footballer John Terry and News of the World ... more

Seminars, interviews & commentary    April 20, 2010  
Honest opinion strikes back

Is author Dr Simon Singh’s victory against the British Chiropractic Association a watershed in libel jurisprudence? London-based media lawyer Stephen Collins argues that the result is simply the proper application of the fair comment/honest opinion defence ... more

Seminars, interviews & commentary    March 15, 2010  
"Human pseudo-events" and their causes (of action)

Can Lara Bingle sue over the nude shower photo and what’s at stake? University of Sydney media law academic Dr David Rolph casts a wry eye over the evidence – and the law ... more

Seminars, interviews & commentary    February 24, 2010  
UK libel reform - an overview

Britain’s libel landscape is up for some major excavation and reconstruction, thanks to Justice Secretary Jack Straw. UK-based media lawyer Anastasia Nicholas summarises what’s at stake ... more

Seminars, interviews & commentary    February 10, 2010  
Where free speech meets responsibility

The Supreme Court of Canada breaks new ground by creating a defence of “responsible communication” in defamation cases involving matters of public importance. New York-based Michael Cameron reviews the judgment and its impact on the media and those who would stifle freedom of speech ... more

Seminars, interviews & commentary    February 9, 2010  
Question Time - Julian Disney

Social activist and legal academic Julian Disney took over as chair of the Australian Press Council in December 2009. His appointment followed a year of funding cuts and robust debate about the Council’s role and future. In this interview, Professor Disney talks about how he sees it ... more