Legislation    April 28, 2022

NSW: tripwires for public interest disclosure

New South Wales ... Limited amendments to Public Interest Disclosure legislation ... Wider category of "public officials" ... New remedies ... Government ignores key recommendation ... High threshold retained for protection of disclosures to journalists ... Reputation and confidentiality ... Max Shanahan reporting ... more

 

Legislation    December 16, 2021

Politics and the pulpit

Religious Discrimination Bill ... Context, history and place in anti-discrimination law ... Unintended and intended consequences ... Equality and liberty ... The shield and the sword ... Race and religion ... Bogging down the courts ... Conceptually incoherent legislation ... External affairs power ... Alan Zheng reports ... more

 

Legislation    December 2, 2021

Bye-bye Voller

What's under the bonnet of the Social Media (Anti-Trolling) Bill, 2021? ... Flawed complaints scheme for defamatory social media commentary ... The whims of tech platforms remain untrammelled ... Clunky pathway to discovery ... Shifting liability to third-parties ... From Alex Tharby and Tracy Cole  ... more

 

Legislation    November 24, 2021

Online Safety Act, 2021

Contentious areas in the new online safety legislation ... Definitions ... Tests ... Scope ... Determination of offensive material ... Trolling-type behaviour ... Psychiatric harms ... Potential to abuse the complaints process ...  Removal notices ... Alan Zheng reports ... more

 

Legislation    March 15, 2021

More disruption

More surveillance by the security state ... SLAID Bill ... Dutton to take over your computers ... New breed of warrants ... Richardson review cautioned against this legislation ... Police already have sufficient disruption power ... Wider implications for free speech ... Unforeseen consequences ... Janek Drevikovsky reports ... more

 

Legislation    March 3, 2021

The long arm of the law does digital

Online Safety Bill ... Cyber-security and safety measures ... Expectations, regulatory schemes, governance and powers ... Removal notices and take-downs ... Regulation of "image-based abuse" and violent images ... Anna Kretowicz reports ... more

 

Legislation    July 30, 2020

NSW first off the rank in defamation law overhaul

NSW moves swiftly on defamation law reform ... Attorney General Speakman's second reading speech ... "Social media has democratised defamation" ... Public interest journalism defence introduced ... Serious harm threshold ... Scientific and academic review defence ... Single publication rule ... Courts Editor Stephen Murray reports ... more

 

Legislation    February 26, 2019

Round one

Defamation reform discussion paper issued by attorneys general ... All the usual issues are on display ... Some items missing in action ... A new regime for the digital world? ... Submissions close on April 30 ... Janek Drevikovsky reports ... more

 

Legislation    July 2, 2018

Reporting the state’s secrets

Espionage and Foreign Interference Bill passes parliament ... What are the consequences for journalists? ... "Dealing" with classified information ... "Innocent" receipt of information ... The context in which a journalist might "deal" with a document ... Public interest defence is narrow and uncertain ... Criminalising journalism ... Kishor Napier-Raman looks at the chilling effect of the new law ... more

 

Legislation    June 15, 2018

Defamation law reform should draw on the global experience

Defamation Act review ... Much to learn from the process of overseas law reforms ... Challenges posed by the internet not unique to Australia ... Hasty reform may lead to unintended consequences ... Significant issues not addressed in the review ... Pleading back ... Hore-Lacy ... Professor David Rolph comments ... more

 

Legislation    June 15, 2018

A ‘modern’ Defamation Act

Defamation lawyer Patrick George comments on the Statutory Review of the NSW Defamation Act and where we go next ... Important issues pending, including awards in excess of the damages cap ... Social media's free speech paradox ... Suggestion for a more limited use of defamation juries ... Reduction of oppressive costs and delays is a vital requirement ... more

 

Legislation    June 8, 2018

A call from cyberspace

NSW District Court defamation list judge Judith Gibson comments on the statutory review of the Defamation Act ... A good start, yet there are several shortcomings - including issues of case management, jurisdiction and costs ... The world has moved on since some of the submissions were formulated ... more