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Seminars, interviews & commentary Articles from 2011
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Seminars, interviews & commentary    December 20, 2011  
Should journalists have privileges? Part two: Accreditation and privileged access

Should journalists be accredited? Who qualifies as “responsible”? And what, if any, privileges should be extended to journalists? In this piece, which first appeared in Inforrm, Hugh Tomlinson QC continues his examination of the nature, role and regulation of journalistic practice ... more

Seminars, interviews & commentary    December 13, 2011  
Defamation Law in Australia - Book Review

The second edition of Patrick George’s Defamation Law in Australia was recently launched by the now former Commonwealth Attorney General, Robert McClelland. Sydney University Professor of Law Barbara McDonald was there and agreed to review the tome ... more

Seminars, interviews & commentary    December 1, 2011  
Should journalists have privileges? Part one: Journalists and citizens

How far should protection of journalists go as the lines between journalist and citizen bloggers become increasingly blurred? ... Inforrm’s Hugh Tomlinson QC looks at existing laws and discusses the difficulty of determining who should get protection, and what kind ... more

Seminars, interviews & commentary    November 21, 2011  
The contextual truth problem

The defence of contextual truth as it was, is no more – thanks to some imprecise drafting and the NSW Court of Appeal. Media law lecturer Dr David Rolph looks at the demise of “pleading back” and the need for further, more considered reform ... more

Seminars, interviews & commentary    November 21, 2011  
Question Time - Patrick George

The second edition of Patrick George’s Defamation Law in Australia is about to hit the shelves. In this interview, the author discusses the strengths and weaknesses of the 2005 Act – in law, and in practice ... more

Seminars, interviews & commentary    November 1, 2011  
Hugh Tomlinson QC

Hugh Tomlinson QC is a founding editor of the highly regarded media law blog Inforrm... He also appears in many high-profile UK cases … In this interview, he tells the Gazette exactly what he thinks about privacy, superinjunctions, phone-hacking and the press ... more

Seminars, interviews & commentary    October 24, 2011  
London calling...

To injunct, or not … What Mr Justice Tugendhat considers private … Lord Lester lets loose … When phone hacking is OK … Champagne at the Tate Modern … The Gazette drank it all in at this year’s Media Law Resource Centre London conference ... more

Seminars, interviews & commentary    September 14, 2011  
Privacy Forum report

This week the Australian Lawyers Alliance and the University of Sydney Law School assembled representatives from the media, the NSW bar and legal academia to discuss the best way to tackle the challenge of developing an actionable right to privacy. Giselle Kenny reports ... more

Seminars, interviews & commentary    September 12, 2011  
Question Time - Professor Les McCrimmon

Legislation enshrining the right to privacy seems inevitable in Australia, sooner rather than later. In this interview, the commissioner responsible for the 2008 ALRC Privacy Report Professor Les McCrimmon agreed to canvass a range of issues – both philosophical and practical ... more

Seminars, interviews & commentary    September 5, 2011  
Can jurors in the internet age avoid being in contempt of court?

The problem of jurors and the internet is not new, but how well are courts dealing with it? In this article, which appeared in Inforrm, Alex Bailin QC analyses two recent UK contempt decisions ... more

Seminars, interviews & commentary    August 26, 2011  
NSW District Court hauled out of "embarrassing position"

NSW District Court Judge Len Levy’s bid to remove juries from defamation trials comes to a sticky end in the NSW Court of Appeal one year later … Sydney defamation lawyer Graham Hryce talks about the judgment and why it matters ... more

Seminars, interviews & commentary    August 2, 2011  
Turning a good newsroom bad...

Thanks to News of the World, wiretapping, phone hacking and privacy are very much in the news … In this paper, to be presented at the 55th Annual Congress of the Union Internationale des Avocats, President of the Judiciary Working Group Judge Gibson discusses the key legal issues ... more

Seminars, interviews & commentary    July 26, 2011  
Are privacy laws in the public interest?

A law of privacy in Australia is a strong possibility following the News of the World phone hacking scandal. Media law academic Dr David Rolph outlines the issues that demand consideration – in particular the impact on defamation law ... more

Seminars, interviews & commentary    July 18, 2011  
Phone hacking, libel and access to justice

According to Steven Heffer in Inforrm, “no win, no fee” arrangements mean access to justice for “ordinary citizens of modest means” ... What if the UK Ministry of Justice abandons the system, particularly in the wake of the phone hacking scandal? ... more

Seminars, interviews & commentary    June 24, 2011  
Flying Foxes, WikiLeaks and Freedom of Speech

What is the status of whistleblower law reform in Australia? ... When can we expect some real statutory action? And what of the international political response to WikiLeaks? ... Professor A.J. Brown takes a critical look at the state of play in this paper, delivered to the International Whistleblowing Research Network Conference in London ... more

Seminars, interviews & commentary    June 2, 2011  
An affair to suppress...

Sydney University media law academic Dr David Rolph reviews the Ryan Giggs affair – in terms of UK privacy and breach of confidence laws – and suggests simple publication in the first place might have diminished the media frenzy ... more

Seminars, interviews & commentary    May 29, 2011  
Question Time - Ian Collie

Ian Collie is a former lawyer with a passion for film. His latest production, On Trial, is the first time Australian courts have allowed cameras inside to follow a criminal trial. In this interview he talks about what was involved in getting this gripping series to air ... more

Seminars, interviews & commentary    May 25, 2011  
Not Spycatcher - Footballerfinder

The current privacy debate in the UK has exposed weaknesses on both sides. In this article, which first appeared on Inforrm, media lawyer Amber Melville-Brown reviews the realities and skewers the absurdities ... more

Seminars, interviews & commentary    April 18, 2011  
Question Time - Chris Chapman

As the media landscape undergoes radical change, the Australian Communications and Media Authority is facing some of its greatest challenges. In this interview, the authority’s chairman Chris Chapman talks frankly about advertising, standards, regulation, convergence and the David Campbell decision – among other things ... more

Seminars, interviews & commentary    April 18, 2011  
Chris Chapman - Part Two
... more
Seminars, interviews & commentary    April 18, 2011  
Chris Chapman - Part Three
... more
Seminars, interviews & commentary    April 15, 2011  
Is statutory press regulation inevitable?

The fall out from News of the World’s phone hacking admissions is likely to be far-reaching. In this article, which first appeared on the media law blog Inforrm, London media lawyer Steven Heffer welcomes the very real possibility of statutory regulation ... more

Seminars, interviews & commentary    April 4, 2011  
Speech Matters: Getting Free Speech Right - Book review

Katharine Gelber’s new book Speech Matters focuses on the nature and limits of political free speech in Australia … Exactly how much does it add to the debate? ... Media law academic Lawrence McNamara takes a look ... more

Seminars, interviews & commentary    March 16, 2011  
Reframing libel - A practitioner's perspective

After much discussion and a draft Bill, Britain’s libel laws are set to be reformed. In a paper delivered last November, leading London media barrister Hugh Tomlinson QC brought a liberal dose of skepticism to some critical issues raised by the campaign for libel reform ... more

Seminars, interviews & commentary    February 18, 2011  
WikiLeaks and the mainstream

Publisher of the Gazette Richard Ackland participated in a recent discussion on WikiLeaks hosted by The Sydney Institute … The unusual collaboration between a whistleblower website and the mainstream media … Classified material and the duty to publish ... more

Seminars, interviews & commentary    January 24, 2011  
In search of fair and accurate twittering

When the Lord Chief Justice of England and Wales is moved to announce guidelines for twittering in court, you know things are getting serious. Sydney media law academic Dr David Rolph intvestigates the issues ... more

Seminars, interviews & commentary    January 17, 2011  
An honest to good defence

The defence of fair comment gets a new name and a chance to fly – at least in Britain. Stephen Collins reports on the Supreme Court judgment that had everyone talking late last year ... more