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

 

Legislation    June 7, 2018

NSW urges defamation reform for the cyber age

Defamation law reform ... NSW Department of Justice's statutory review of the Defamation Act, 2005 ... Working group to consider recommendations ... NSW AG Mark Speakman presses federal and state colleagues into action ... Law lagging in the era of social media and internet publishing ... Call for serious harm threshold, proportionality, a single publication rule and ISPs as innocent disseminators with safe harbour protections ... Stephen Murray reports on the report ... more

 

Legislation    May 11, 2018

Nyoni v Pharmacy Board of Australia

Absolute privilege for regulators sued by pharmacist ... Quasi-judicial proceedings ... Public document defence ... Misleading information posted on a public register ... Carmel Galati reports ... more

 

Legislation    March 9, 2018

Reporting the secret state

Government's proposed amendments to the new Commonwealth secrecy provisions ... Open-ended risk to journalists ... Uncertainty as to liability when reporting government information ... Flaws in the law ... Richard Ackland on crimes associated with "dealing" in government information   ... more

 

Legislation    January 27, 2018

New official secrets legislation casts an uncertain net

Media organisations combine to oppose foreign interference Bill ... Tighter secrecy measures ... Criminalising of news gathering ... Inadequate defence for journalists in possession of classified information ... Nick Bonyhady files this report ... more