Media Matters    May 7, 2020

Rossi v Qantas

Media granted access to Federal Court pleadings despite objections that defences have not yet been filed … Leave may not be given for case to proceed … Workplace harassment case … Is a statement of claim a pleading? … Human Rights Commission … Legitimate motivation of the media to report the proceedings … Janek Drevikovsky reports … more


Media Matters    May 4, 2020

Keeping journalism out of the state’s grasp

Melbourne Press Club webinar … “What are your rights if you are raided?” … How journalists should handle sensitive documents that disclose sources … Consequences for defamation … Danger posed by mobile phones… AFP’s unacceptable delay in Afghan Files investigation … Journalists left in a protracted state of uncertainty … Greater safeguards required for search warrants issued against the media … Stephen Murray reports … more


Media Matters    April 23, 2020

News Corp wires-up

NCA NewsWire … From the ashes of AAP comes a News Corp version of the news service … Monopolising the competition … Content for sale to other publishers … Concentrating on crime and courts … Formal offers knocked back as “not acceptable” … Janek Drevikovsky reports … more


Media Matters    March 3, 2020

Alan Jones and the wet lettuce leaf

Arrogance and insouciance … Fake news … Racism … The entire melange of over-heated spruiking … Alan Jones and ACMA’s powerlessness as a regulator … Repeat offending … Impunity … Tortuous regulatory processes are convenient for commercial broadcasters … Regulator unlikely to be given sharper teeth to rein in offensive remarks by right-wing shockers … Tom Manousaridis reports … more


Media Matters    January 30, 2020

Australian Broadcasting Corporation v Registrar of the Federal Court of Australia

Radio National’s Background Briefing refused access to a recording of court proceedings conducted by Judge Salvatore Vasta … Radio documentary on Judge Vasta and his history of abusing litigants … Open justice principles … Federal Court concerned that publishing excerpts would not give a balanced impression … Full Court findings on Vasta’s handling of the case were “appropriately informed” … Stephen Murray reports … more


Media Matters    August 22, 2019

Australian Broadcasting Corporation v Martin Kane & Ors

Setback for ABC in efforts to challenge the warrant for the AFP raid on its Sydney headquarters … Justice Abraham says it’s a fishing expedition … Unsuccessful in seeking to obtain material put before Local Court registrar who issued the warrant … No foundation for claiming that policy issues like privacy and protection of sources were not considered … Stephen Murray reports … more


Media Matters    August 2, 2019

Australian Broadcasting Corporation v Martin Kane & Ors

“Excessively broad” warrant to search the ABC challenged in the Federal Court … Relevant provision of the Defence Act said to breach implied constitutional freedom of political communication … Broadcaster seeking the production of the AFP affidavit used to secure the warrant from a Queanbeyan local court registrar … Legal professional privilege … Protection of sources … Stephen Murray reports … more


Media Matters    April 8, 2019

A clumsy attempt at web cleansing

Government’s rushed web-cleansing operation … Failure to consult, the exception being News Corp … Massive penalties for online “providers” of abhorrent material … Vague and unsatisfactory law … Potential open-ended liability … Presumptions of recklessness … Chilling effect on media reporting where public interest exemption is doubtful … Powerless to stop terrorist atrocities but trying to stop people looking at them … Janek Drevikovsky looks closely at the latest in the anti-terror arsenal … more


Media Matters    March 19, 2019

A fresh edition of Pearson & Polden

The sixth edition of Pearson & Polden’s Journalists’ Guide to Media Law … Reviewed by Gina McWilliams … An easy to digest package of information on a wide body of issues facing reporters … All the rockstar defamation cases … Crime reporting and other tricky areas … more


Media Matters    February 19, 2019

Sam Ekermawi v Nine Network Pty Ltd

Anti-Discrimination Act … Morning TV presenter wants borders closed to Muslims … Vilification of a non-racial variety … Stereotyping … Linking the Muslim community to terrorism … Muslims in Australia are not identified as a “race” … Remarks were likely to encourage hatred of Muslims … Stephen Murray reports … more


Media Matters    October 3, 2018

Live streaming of sports – it’s a gamble

Restrictions for gambling advertisements during sports events that are streamed online … ACMA creates family “save zones” … Streaming services now on the same footing as TV and radio broadcasts … Horse racing and dog racing not considered “sporting events” … Emma Kent reports … more


Media Matters    September 22, 2018

DLH v Nationwide News Pty Ltd (No. 2)

Tim Blair … Tele blogger’s demeaning a transgender person … Tribunal told that Daily Telegraph readers not lacking in “taste and intelligence” … The newspaper is said to be more Footy Show than Four Corners … Contempt of person’s transgender status … But the blog post did not “cross the line” and incite serious contempt and severe ridicule … Anti-Discrimination Act, NSW … Stephen Murray reports … more