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Seminars, interviews & commentary Articles from 2012
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Seminars, interviews & commentary    December 18, 2012  
Leveson Report: Distortion of the debate

The Leveson Report has precipitated an avalanche of reaction, commentary and debate, not all of it balanced or accurate … In this Inforrm article barrister Edward Craven dissects the distortions ... more

Seminars, interviews & commentary    December 5, 2012  
High Court to rule on free speech

The High Court is about to consider the extent of the qualified privilege defence … Sydney media lawyer Graham Hryce looks at the issues raised and what’s at stake for freedom of speech in Australia ... more

Seminars, interviews & commentary    December 4, 2012  
Leveson: Does the sentence fit the crime?

It appears Lord Justice Leveson has pleased no one with his recently delivered report on media regulation … In this article Des Freedman wades through the hyperbole to analyse the report’s strengths and weaknesses ... more

Seminars, interviews & commentary    December 2, 2012  
In response to Callinan

Uncapped damages, juries stymied, media interests advanced … Sydney media barrister Mark Polden critiques Ian Callinan QC’s recent speech on the 2005 Defamation Act, privacy and the power of the media ... more

Seminars, interviews & commentary    November 27, 2012  
A defence of responsible tweeting?

The vulnerability of tweeters and re-tweeters under current UK defamation law has been highlighted by the Lord McAlpine affair … University of East Anglia Law School lecturer Dr Paul Bernal sees an opportunity to introduce a timely new defence – “responsible tweeting” ... more

Seminars, interviews & commentary    November 22, 2012  
Another unreasonable step for qualified privilege

Are Australian courts steadily subverting free speech? Media law academic Dr David Rolph thinks the High Court’s recent introduction of reasonableness into the defence of qualified privilege is another incremental step in the wrong direction ... more

Seminars, interviews & commentary    November 19, 2012  
Phone hacking in America

The extraordinary case of four plaintiffs recently awarded damages of \US$3.9 million over phone tapping by “private investigator to the stars” Anthony Pellicano … Judge Judith Gibson reviews the case and examines the differing role played by journalists and the law in the US and Britain ... more

Seminars, interviews & commentary    November 18, 2012  
Are search engines publishers?

The Victorian Supreme Court’s recent $200,000 Google damages payout follows a previous successful action against Yahoo!7 … Earlier this year, media lawyers Leanne O’Donnell and Matthew Gardner looked at why the Yahoo!7 judgment raises more questions than answers ... more

Seminars, interviews & commentary    November 12, 2012  
The BBC, Lord McAlpine and libel law

The BBC’s case of mistaken identity in relation to falsely accused “Tory paedophile” Lord McAlpine is proving costly in more ways than one … This Inforrm article argues that it brings into question the proposed new public interest (Reynolds) defence ... more

Seminars, interviews & commentary    November 10, 2012  
Privacy protection - do we need a statutory tort?

Minter Ellison partner and leading media lawyer Peter Bartlett looks at where the push for privacy protection is at, here and overseas … And in what direction an Australian statutory tort of privacy is likely to move ... more

Seminars, interviews & commentary    November 9, 2012  
Defamation, privacy, the Finkelstein Report & the regulation of the media

Former High Court Justice Ian Callinan argues against the recommendations of the Finkelstein Report and for radical revision of defamation law and a statutory tort of privacy … Read the full text of a speech he delivered to the Samuel Griffith Society annual conference ... more

Seminars, interviews & commentary    November 2, 2012  
Question Time - Grant McAvaney

Former Minter Ellison partner and lawyer for ninemsn Grant McAvaney now runs the litigation practice at ABC Legal … He agreed to share his views on a range of media law issues as well the challenges facing public broadcasters and journalists ... more

Seminars, interviews & commentary    November 1, 2012  
Question Time - Grant McAvaney (Part 2)
... more
Seminars, interviews & commentary    October 29, 2012  
Another candle in the wind for Sir Elton

Sir Elton John recently lost his defamation action against The Times ... Lawyer for the paper Stephen Collins looks at the summary judgment and at the star’s libel law legacy in the UK ... more

Seminars, interviews & commentary    October 19, 2012  
Beyond a joke? Social media, free speech and "grossly offensive" communications

Free speech at issue again after the jailing of a British teenager for making “grossly offensive” jokes on his Facebook page … In this Inforrm article, Eloise le Santo asks whether sick “jokes” and offensive comments should be liable to criminal prosecution ... more

Seminars, interviews & commentary    October 11, 2012  
C v Holland

New Zealand recognises a tort of privacy in a landmark decision involving a surreptitious video recording … In this Inforrm piece Hugh Tomlinson QC looks at the judgment in light of UK, US, European and Australian law ... more

Seminars, interviews & commentary    October 1, 2012  
Carina Trimingham v Associated Newspapers

The curious case of Carina Trimingham … Permission to appeal granted over invasion of privacy and harassment claims … This Inforrm piece asks if repeated references to her as a “crop-haired, Doc Marten-wearing lesbian-turned-bisexual” amount to harassment ... more

Seminars, interviews & commentary    September 26, 2012  
Super media - the rise of social media

The recent and wide availability on the internet of topless photos of the Duchess of Cambridge has highlighted the power of social media. In this paper, Sydney media lawyer Patrick George looks at the issues confronting us in the not-so-brave new world of super media ... more

Seminars, interviews & commentary    September 21, 2012  
Privacy Lost

The Duchess of Cambridge may be pressing charges in France, but there’s no chance publication of the topless photos can be halted. In this Inforrm article Dominic Crossley, the UK lawyer who took Max Mosley’s privacy case to Strasbourg, laments the loss of privacy ... more

Seminars, interviews & commentary    September 17, 2012  
Question Time - Clive Evatt

The plaintiff’s preferred barrister Clive Evatt has seen more defamation action than most … In this interview, he shares his experience, and his sometimes unexpected views of the law, the media, plaintiffs, privacy, costs and the finer tactics of the game ... more

Seminars, interviews & commentary    September 17, 2012  
Question Time - Clive Evatt (Part 2)
... more
Seminars, interviews & commentary    August 28, 2012  
Flights of fancy: The implied freedom of political communication under the Constitution

Where is the implied freedom of political communication twenty years on? NSW Solicitor General Michael Sexton SC examines its trajectory in this paper, recently delivered to the Samuel Griffith Society conference in Brisbane ... more

Seminars, interviews & commentary    August 24, 2012  
Is compulsory regulation of the print media compatible with Article 10?

The question of freedom of expression will be at the centre of Lord Justice Leveson’s Report on the “Culture, Practice and Ethics of the Press” ... In this Inforrm piece Hugh Tomlinson QC examines whether compulsory media regulation is compatible with Article 10 of the European Convention on Human Rights ... more

Seminars, interviews & commentary    August 13, 2012  
Question Time - Lesley Power

SBS occupies a unique position in the Australian media and the broadcaster’s General Counsel Lesley Power has been at the cutting edge of change for twelve years … She agreed to share her views on this and many other pertinent issues – journalistic standards, regulation, privacy – with the Gazette ... more

Seminars, interviews & commentary    August 10, 2012  
Justice Wide Open - working papers

Justice Wide Open is an an ongoing initiative at the Centre for Law, Justice & Journalism, City University London. Judith Townend edited this collection of working papers by authors including Lord Neuberger, Professor Ian Cram, Dr Lawrence McNamara, Geoffrey Robertson QC, Hugh Tomlinson QC, Heather Brooke, Mike Dodd and others ... more

Seminars, interviews & commentary    August 6, 2012  
Qualified privilege falls short again

The NSW Court of Appeal has delivered another judgment confirming the difficulty in Australia of establishing the qualified privilege defence for media defendants … Sydney media lawyer Graham Hryce examines the reasoning ... more

Seminars, interviews & commentary    August 2, 2012  
Towards an Australian law of privacy: The arguments for and against

Media law academic Dr David Rolph analyses the pros and cons for an Australian law of privacy in this paper, recently presented at the Comparative Perspectives on Privacy and Media Law Conference, Clare College, Cambridge and published here in full ... more

Seminars, interviews & commentary    July 26, 2012  
Contempt: Is online publication continuous?

The minefield of internet publication … Are online articles continuously in contempt? Or just at the time of publication? UK media law specialist Mike Dodd looks at liability in light of the new technological reality ... more

Seminars, interviews & commentary    July 11, 2012  
Jury trial in libel actions: the plaything of civil liberty purists

What’s wrong with juries in libel trials? Just about everything, according to UK media law consultant Alastair Brett. In this passionately argued piece, which first appeared on Inforrm, Brett excoriates the flaws in the system ... more

Seminars, interviews & commentary    June 18, 2012  
ACMA prevails again

Federal Court Justice John Griffiths punts 2GB in “cash-for-comment” ruling … New disclosure standard stands … Media lawyer Graham Hryce says it’s another nail in the coffin for Lange freedom of political communication ... more

Seminars, interviews & commentary    June 11, 2012  
The MP, his lover and her wife

Revelations of adulterous liaisons involving a “family values” MP and his bisexual lover are not a misuse of private information according to a recent UK judgment … London-based media lawyer Stephen Collins writes that despite the Leveson Inquiry, a free press is thriving in the courts ... more

Seminars, interviews & commentary    June 8, 2012  
The Defamation Bill 2012: Missing the wood

Britain’s new Defamation Bill is set to receive a second reading, but has it completely missed the point? UK law academics Professor Alastair Mullis and Dr Andrew Scott think so and explain exactly how in this Inforrm article ... more

Seminars, interviews & commentary    June 7, 2012  
The Finkelstein Report and media regulation

Recently Fairfax Group General Counsel Gail Hambly joined Professor Matthew Ricketson, journalist and academic, to discuss the Finkelstein Report and Media Regulation at the Sydney Institute … Here’s what she had to say ... more

Seminars, interviews & commentary    May 30, 2012  
You wouldn't read about it

What didn’t get covered in media reports of the Finkelstein Inquiry? Canberra University Professor of Journalism Matthew Ricketson who assisted the inquiry, fills in the gaps in this paper, which was first presented to an audience at Melbourne University’s Centre for Advanced Journalism ... more

Seminars, interviews & commentary    May 9, 2012  
The year in the law

Melbourne based media lawyer Peter Bartlett reviews a challenging year for media and the law in this article, first published in the 2012 Media Alliance Press Freedom Report ... more

Seminars, interviews & commentary    May 3, 2012  
Privacy and the media

Privacy and the media is the subject of several recent and current inquiries, here and in the UK … It is also the subject of a wide-ranging and entertaining public lecture given by Queensland Supreme Court Justice Peter Applegarth – published here in full ... more

Seminars, interviews & commentary    April 30, 2012  
Grayling on privacy

Renowned British philosopher A.C. Grayling recently spoke about privacy at the Sydney Writers’ Festival. Sydney University Professor of Law Barbara McDonald analyses his take on the fine line between the public and the private, the threat posed by technology, and what’s at stake ... more

Seminars, interviews & commentary    April 26, 2012  
Football interests win, consumers lose

Optus loses appeal and consumers lose out as the Full Federal Court effectively prohibits them from recording free-to-air TV on their mobiles … Yarran Hominh looks at the decision and its impact ... more

Seminars, interviews & commentary    April 18, 2012  
Two new media law papers - in full

UNSW Law School recently ran a Defamation and Media Law seminar as part of its CLE program…Two papers are published here in full … Lawyer and author Patrick George examines Surveillance and Invasion of Privacy ... SBS General Counsel Lesley Power looks at the Leveson and Finkelstein Inquiries and asks Who Guards the Guardians? ... more

Seminars, interviews & commentary    April 11, 2012  
Open justice and secret justice: National security and law reform in the UK

The UK government’s Justice and Security Green Paper raises serious questions about the independence of the judiciary – and the media’s ability to report matters of public interest. Reading University academic Lawrence McNamara examines the proposals, and the reactions ... more

Seminars, interviews & commentary    April 2, 2012  
Blogging & Tweeting Without Getting Sued - book review

Professor Mark Pearson’s Blogging & Tweeting Without Getting Sued will be welcomed by anyone writing online … Melbourne media lawyer Leanne O’Donnell reviews this timely legal guide to a rapidly evolving media landscape ... more

Seminars, interviews & commentary    March 26, 2012  
A free press, as long as it's responsible

Responsible journalism in the public interest is now a complete defence, thanks to a recent UK Supreme Court decision. London-based media lawyer Stephen Collins reviews the key thinking in the judgment ... more

Seminars, interviews & commentary    March 12, 2012  
ISPs, blog platforms and defamation

A recent UK judgment by Mr Justice David Eady determined that internet service providers are not publishers … In this article, which first appeared on Inforrm, Gervase de Wilde looks at the law, the facts and the future for ISPs and blog platforms ... more

Seminars, interviews & commentary    March 5, 2012  
Yet another rebuff for Lange implied constitutional freedom

A recent High Court judgment has seen the Lange doctrine come under fire, particularly from Justice Dyson Heydon. Media lawyer Graham Hryce looks at why Lange has failed to deliver, again ... more

Seminars, interviews & commentary    February 24, 2012  
When is being in public, private?

A person’s expectation of privacy in a public place has been given new focus in a recent European Court of Human Rights judgment involving Princess Caroline of Monaco. Media law academic Dr David Rolph looks at the decision, and the implications for Australia ... more

Seminars, interviews & commentary    February 13, 2012  
Question Time - Felicity Hampel

Victorian County Court Judge Felicity Hampel wrote the 2007 judgment in Jane Doe v ABC, which she described as “the next incremental step” in the development of a tort of privacy. Judge Hampel agreed to discusses this, and other things, with the Gazette ... more

Seminars, interviews & commentary    February 12, 2012  
Question Time - Felicity Hampel (Part 2)
... more
Seminars, interviews & commentary    February 8, 2012  
The newspaper rule - R.I.P?

Can a journalist defy the wishes of a confidential source? Melbourne media lawyer John-Paul Cashen thinks the recent judgment in Liu v The Age suggests that it could be dangerous to do so ... more

Seminars, interviews & commentary    February 7, 2012  
Optus victorious for now

The recent Optus TV Now judgment reflects a changing media landscape where traditional copyright law cannot reach … Yarran Hominh examines the decision and the fallout ... more

Seminars, interviews & commentary    January 30, 2012  
Leveson: Could press regulation include libel arbitration?

As the Leveson Inquiry delves deeper into journalistic practice, Hugh Tomlinson QC of the media law blog Inforrm, asks whether libel/privacy arbitration might be a useful part of effective press regulation ... more