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Seminars, interviews & commentary Articles from 2016
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Seminars, interviews & commentary    December 20, 2016  
Case management prevails over "newspaper rule"

The “newspaper rule” all but dead after the High Court refuses special leave in the Liu sources disclosure dispute … Victory of case management over principle is a troubling result for investigative journalism, says media lawyer Graham Hryce ... more

Seminars, interviews & commentary    December 19, 2016  
Is correction republication?

Media companies join appeal over the Rolling Stone “rape on campus” verdict … The jury’s finding that the magazine’s correction amounted to republication has serious implications for journalism, say New York-based media lawyers Ed Klaris and Alexia Bedat ... more

Seminars, interviews & commentary    December 12, 2016  
The use of social media for investigators

In this paper, presented to the 2016 Corruption Prevention Network Annual Forum, NSW District Court Defamation List Judge Judith Gibson examines the relationship between social media and corruption … Whistle blowers and investigative journalists are “greatly aided where publication on social media can be instantaneous, international and anonymous” ... more

Seminars, interviews & commentary    December 8, 2016  
The media law year in review

Big wins and big losses for the media … Social media actions flourish, as do suppression orders in several jurisdictions … Privacy law fails to get out of the stalls … Journalist sources remain in peril … A nuanced, but ultimately stagnant 2016 ... more

Seminars, interviews & commentary    November 21, 2016  
Access to information should not be an after-thought

The courts and tribunals of England and Wales are up for a radical, digital overhaul, but has the concept of open justice been properly considered? .... UK media and information law academic Dr Judith Townend examines the details ... more

Seminars, interviews & commentary    November 11, 2016  
Challenges in media regulation

Acting chair of the Australian Communications and Media Authority Richard Bean has told a Communications and Media Law Association seminar that despite the rise of online platforms Twitter and Facebook, the effects of digital disruption on media regulation shouldn’t be overstated … Read his paper in full ... more

Seminars, interviews & commentary    November 10, 2016  
Rolling Stone found to have acted with "actual malice"

The high-profile defamation case involving Rolling Stone magazine throws light on both journalistic practice and US libel law, says New York based Alexia Bedat ... She reviews both in this Inforrm article ... more

Seminars, interviews & commentary    November 9, 2016  
The trouble with 18C and free speech

As the political storm around s18C continues unabated, Sydney University media law academic and author Dr David Rolph looks at the latest judgment and why it is an inadequate measure of free speech in Australia ... more

Seminars, interviews & commentary    October 26, 2016  
State of the Union: Issues of defamation and privacy law in US politics

Libel and privacy issues have surfaced in the lead up to the US presidential election, with Donald Trump threatening to sue almost everyone and emails being hacked … Hannah Ryan examines the current state of play in the law, and politics ... more

Seminars, interviews & commentary    October 24, 2016  
Practice Notes - Clarissa Amato

She has worked in the world’s libel capital, London, and in Sydney, acting for a range of media clients and plaintiffs … Now Sydney-based, barrister Clarissa Amato also has some interesting views on privacy, defamation, juries, injunctions, imputations and more ... more

Seminars, interviews & commentary    September 28, 2016  
Internet defamation and the liability of intermediaries

A recent High Court of Ireland decision resulted in Facebook being ordered to identify a pseudonymous account holder … Take down and injunction applications were denied … Associate Professor at Trinity College Dublin’s School of Law, Dr Eoin O’Dell analyses the latest word on internet defamation, intermediaries and liability ... more

Seminars, interviews & commentary    September 19, 2016  
Social media, defamation law, free speech and the need for reform

Social media has made everyone a publisher, but it puts free speech at risk, particularly in Australia, where discussion has been too narrowly focused on section 18C, says Sydney University media law academic Dr David Rolph ... Reform of our defamation laws is needed ... more

Seminars, interviews & commentary    September 14, 2016  
Recent developments in UK media law

Leading UK media lawyer John Battle “wowed” an audience of Australian lawyers at a Communications and Media Law Association seminar on recent developments in UK media law … Justin Pen was there to report the action, and reaction ... more

Seminars, interviews & commentary    September 5, 2016  
Practice Notes - Richard Potter

He’s legalled (and defended) some of the most contentious books published in Australia in the last 20 years … Richard Potter talks about his experiences and about journalism, social media, the single publication rule, the contextual truth defence, section 18C and more in this interview ... more

Seminars, interviews & commentary    August 21, 2016  
Freedom of speech, radicalisation and the "prevent duty"

Section 26 of the UK’s Counter-Terrorism and Security Act 2015 articulates a duty to prevent people from being “drawn into terrorism” ... But at what price and how effective can it really be? Leeds University media law academic Dr Paul Wragg investigates ... more

Seminars, interviews & commentary    August 16, 2016  
Practice Notes - Tom Blackburn SC

As one of Australia’s leading defamation silks, Tom Blackburn SC has acted for a range of mass media clients, and the occasional plaintiff … He’s leaving the jurisdiction for the big libel smoke of London, and agreed to share his thoughts on privacy, defamation, section 18C and more ... more

Seminars, interviews & commentary    August 9, 2016  
Is Fox News a breach of human rights?

Human rights academic Professor Sarah Joseph has been examining the intersection between the media and human rights … What impact can the United Nations’ guiding principles have? ... Alexi Polden attended a recent UNSW seminar to find out ... more

Seminars, interviews & commentary    August 1, 2016  
Practice Notes - Bruce McClintock SC

He’s the go-to barrister for high profile plaintiffs, including Joe Hockey, Gina Rinehart and Eddie Obeid and also acts for big media organisations … Bruce McClintock SC has made media law his area of specialty … He agreed to tell the Gazette why, and how it could be improved ... more

Seminars, interviews & commentary    July 31, 2016  
A time to reflect: the serious harm test

It has been over two years since the UK introduced the “serious harm” threshold for defamation claims … In this article, Oliver Lock and Tom Rudkin examine its impact on individuals and corporations ... more

Seminars, interviews & commentary    July 25, 2016  
The end of privacy?

It’s become far too common to shame people on social media, but can the law have any impact on such behaviour? ... UK media lawyer Jonathan Coad looks at the recent “body-shaming” post by a Playboy model to explain why he thinks it’s unlikely ... more

Seminars, interviews & commentary    July 7, 2016  
Kanye West's video "Famous": A celebrity (legal) hotbed?

Kanye West’s recent celebrity lookalike video Famous raises all kinds of possibilities for legal action … or does it? New York-based barrister Alexia Bedat investigates in this Inforrm article ... more

Seminars, interviews & commentary    June 30, 2016  
Costs decision contains warning for media

A recent costs judgment in the UK “poses a serious threat to media organisations and their right to freedom of expression” according to Media Lawyer’s editor Mike Dodd ... more

Seminars, interviews & commentary    June 26, 2016  
Statement in open court in twin misidentification case

UK offer of amends case including statement in open court illustrates the power of the media to damage – and to correct … Persephone Bridgman Baker reports in this Inforrm article ... more

Seminars, interviews & commentary    June 21, 2016  
Practice Notes - Matt Collins QC

Teaching academic, author of acclaimed defamation law textbooks, leading media law barrister in Australia and the UK, Dr Matt Collins QC packs a lot into his day … He agreed to spare some of his time to discuss defamation, privacy, celebrity, journalists’ sources, free speech and 18C, just for starters ... more

Seminars, interviews & commentary    June 10, 2016  
How not to mitigate damages

A recent damages award to two members of the British parliament illustrates how not to make an offer of amends and how not to mitigate damages … The defendant’s conduct was aggravating – even after summary judgment ... more

Seminars, interviews & commentary    June 7, 2016  
Publication in an internet context

The WA Court of Appeal recently upheld a decision dismissing a case for lack of evidence as to publication on the internet … Media lawyer Graham Hryce asks why publication can’t be inferred, as it is with newspapers ... more

Seminars, interviews & commentary    June 6, 2016  
What's a written release worth?

An interlocutory injunction granted to prevent the imminent overseas screening of a documentary demonstrates that participant releases commonly used in the film industry are not failsafe, says media lawyer Sally McCausland ... more

Seminars, interviews & commentary    May 24, 2016  
Mistakes were made: making offers to amend

Since its introduction in the Defamation Act 2005, the offer of amends defence seems to have been relatively under-used … Sydney media lawyer Tim Senior looks at why, and how the defence fared in two recent matters which went to trial ... more

Seminars, interviews & commentary    May 23, 2016  
UK Supreme Court stands behind anonymised celebrity injunction

UK Supreme Court surprises by upholding the privacy of a celebrity couple whose identity was widely published outside England and Wales… London lawyer Ashley Hurst examines the detail in this Inforrm article ... more

Seminars, interviews & commentary    May 10, 2016  
Practice Notes - Matthew Lewis

As social media and online news and opinion platforms burgeon, so do the media law issues … Sydney barrister Matthew Lewis is practising at the forefront of this change and agreed to share his thoughts in the first of a new interview series, Practice Notes ... more

Seminars, interviews & commentary    May 5, 2016  
Press freedom in a challenging environment

The Australian Press Council’s 40th anniversary conference heard some refreshingly intelligent discussion of issues affecting the media and the practice of journalism from an international line-up of speakers and panellists ... more

Seminars, interviews & commentary    May 5, 2016  
Damages or no - a question of principle

NSW Supreme Court Defamation List Judge Lucy McCallum recently awarded a plaintiff no damages, but was the decision correct in principle? Sydney University media law academic Dr David Rolph has some doubts ... more

Seminars, interviews & commentary    May 4, 2016  
The long and sorry story of privacy protection in Australia

Former High Court Justice Michael Kirby opened Privacy Awareness Month with a call for action from the NSW government, stating “politicians have been very weak in standing up to media attacks on law reform proposals”... Read the full text of his address, subtitled A fresh opportunity for action and why NSW should lead ... more

Seminars, interviews & commentary    April 22, 2016  
Personalities, privacy and the media

Lively discussion around celebrity, privacy, social media, journalism and the parlous state of our defamation laws featured at a recent Communication and Media Law Association seminar in Sydney … Seb Tonkin was taking notes ... more

Seminars, interviews & commentary    March 16, 2016  
Inadequate journalistic protection persists

As the UK’s Investigatory Powers Bill has its second reading, the threat posed to journalists and their sources remains ... London media lawyer Alex Bailin QC looks at what makes the proposed protections so “woefully inadequate” ... more

Seminars, interviews & commentary    March 4, 2016  
Press freedom in a challenging environment

The Australian Press Council’s 40th anniversary conference will focus on the increasing threat to press freedom in Australia and around the world … Hannah Ryan spoke to the council’s chair, Professor David Weisbrot, about the program and what he hopes it will achieve ... more

Seminars, interviews & commentary    March 4, 2016  
Inroads on open justice

Legislation in Victoria, SA and NSW has failed to stem the “tsunami” of suppression orders issued by the courts, according to Sydney media lawyer Robert Todd ... The grim statistics are in his paper, delivered at the recent UNSW defamation and media law seminar ... more

Seminars, interviews & commentary    February 23, 2016  
UNSW defamation and media law update

This year the UNSW’s defamation and media law seminar focused on digital defamation actions (not as prevalent as the UK), suppression orders (a “tsunami”) and the defamation risks of content promotion … Alexi Polden reports ... more

Seminars, interviews & commentary    February 23, 2016  
Getting attention without getting a statement of claim

Is the role of the tweet in the Hockey case a sign of defamation claims to come? In this paper, presented at the recent UNSW defamation and media law seminar, Sally McCausland looks at the litigation risks in promoting content and what counts as a publication ... more

Seminars, interviews & commentary    February 10, 2016  
Defamation and anonymity

Who’s suing who … Defamation and anonymity seem an unlikely coupling, although such cases are on the rise in several jurisdictions … Sydney media law academic and author Dr David Rolph examines the blurring of reputation and privacy ... more

Seminars, interviews & commentary    February 1, 2016  
Testing the limits of FOI

Freedom of information battle over access to the Commonwealth attorney general’s appointment diary will test the limits of Australia’s FOI laws … Do all third parties need to be consulted before disclosure? Peter Timmins reviews the most recent judgment ... more

Seminars, interviews & commentary    January 18, 2016  
The Investigatory Powers Bill: A serious weakening of protections for journalism

The British government’s draft Investigatory Powers Bill leaves much to be desired when it comes to the protection of journalists and their sources, according to The Guardian’s director of editorial legal services, Gill Phillips ... She analyses the Bill’s shortcomings in this Inforrm article ... more