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Media Matters Articles from 2016
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Media Matters    November 2, 2016  
Open justice - a closed case in Australia?

The Australian media is being persistently stymied in its attempts to gain access to court exhibits, despite an avowed commitment to open justice … Kathryn Wilson looks at the law and the practice here, and in the UK, where a media protocol has been in place for over a decade ... more

Media Matters    October 23, 2016  
"Off the record" briefing was a breach of confidence

When is an “off the record” briefing with journalists a breach of confidence? When it concerns personal details collected by the tax department, according to a recent UK Supreme Court judgment …This case note and comment by Dan Tench ... more

Media Matters    September 2, 2016  
Special leave submissions: Journalists' sources (Reply)

The High Court of Australia will soon decide whether Chinese-Australian businesswoman Helen Liu can learn the identity of sources for an Age investigation which accused her of bribing the then Labor defence minister Joel Fitzgibbon … An important judgment for freedom of the press … Read The Age’s submissions in reply in full ... more

Media Matters    August 29, 2016  
Hughes on defamation

Gorton v ABC, Punch v Fairfax, Lloyd v David Syme, Austin v Daily Mirror, Seidler v Fairfax, Makim v Nationwide News, Carson v Fairfax, Ettingshausen, Rivkin, Mercedes Corby ... Richard Ackland reviews Tom Hughes QC’s great sprawling life at the defamation bar ... more

Media Matters    August 15, 2016  
Judges, juries and prejudicial publicity

Recent research by NSW academics John Eldridge and Rebecca McEwan examines whether judges are in fact better able to disregard prejudicial publicity than jurors …The surprising results in full in this paper, first published in the Alternative Law Journal ... more

Media Matters    August 14, 2016  
Special leave submissions: Journalists' sources

The Age will shortly be seeking special leave in a bid to prevent Chinese-Australian businesswoman Helen Liu from learning the identity of sources for a series exposing her allegedly corrupt relationship with former Labor defence minister Joel Fitzgibbon … Read the submissions in full … more

Media Matters    August 4, 2016  
Bench press blues

The Daily and Sunday Telegraph’s coverage of the Harriet Wran case resulted in a “discounted” sentence … Richard Ackland reviews the “distasteful and misleading” material that led to Justice Ian Harrison’s controversial sentencing judgment ... more

Media Matters    May 30, 2016  
R.I.P. the newspaper rule?

The latest NSW Court of Appeal decision involving journalists’ sources is “bad news for journalism, press freedom, independence, the whole shebang”, according to Richard Ackland ... more

Media Matters    April 28, 2016  
UK Supreme Court reserves decision in sex story celebrity case

The UK Supreme Court has reserved its decision on whether to grant an injunction in respect of information already widely available on the internet … This report of the parties’ key submissions from the UK Press Association’s Media Lawyer ... more

Media Matters    April 12, 2016  
Canadian court orders Vice Media to deliver source communications to police

A recent Canadian court decision compelling media organisation Vice to produce communications between a journalist and his source (a man believed to be fighting for ISIS) augurs badly for journalism, say Paul Schabas, Iris Fischer and Helen Richards ... Reporting the basis for the order is also prohibited ... more

Media Matters    April 1, 2016  
UK tribunal orders disclosure of former prime ministers' expenses

A victory for transparency in the UK as freelance journalist Gabriel Webber lodges a successful FOI application in respect of former prime ministers’ expenses … Read his account of the argument, and the decision in this Inforrm article ... more

Media Matters    March 2, 2016  
Are paywalls saving journalism?

The internet changed forever the financial viability of print journalism … With so many revenue streams gone, are paywalls the future? City University, London lecturer in new and digital journalism Tom Felle examines the possibilities in this article ... more

Media Matters    February 10, 2016  
No judicial permission required for note-taking in court

UK High Court affirms open justice principle … Default position is that anyone who attends a hearing is free to take notes ... Inforrm’s Hugh Tomlinson QC reports ... more

Media Matters    February 8, 2016  
Journalism in the age of metadata retention

Australia’s metadata retention laws aren’t the only threat to journalists, whistleblowers and their sources … Rocco Rinaldo examines the legal framework that undermines private communications and suggests some paths to protection ... more

Media Matters    February 7, 2016  
WA Family Court chief judge finds for open justice

An unusual case of open justice in WA as the Family Court’s Chief Judge Stephen Thackray finds in favour of the public’s right to know information in a coronial inquest … Nick Stagg reports on a win for The West Australian and Channel 7 Perth ... more