Publication    August 23, 2022

When is a publisher not a publisher?

Google v Defteros ... The High Court hands a great victory to the tech giants ... Graham Hryce argues that the reasoning of the majority is flawed ... Webb v Bloch not overturned, yet there has been a departure from the strict publication rule ... Intention to publish ... Justices Keane and Gordon find that search engines and links participate in the process of publication ... more


Publication    June 24, 2021

George Defteros v Google LLC

Big tech's liability for "enticing" readers to defamatory content through the search engine ... Publication and liability for third-party content found by hyperlinked search results ... Search result is the "electronic analogue" of a post-it note ... Search engine services not considered to be for the "common convenience and welfare of society" ... Anna Kretowicz reports ... more


Publication    June 2, 2021

Fairfax Media Publications v Voller; Nationwide News Pty Limited v Voller; Australian News Channel Pty Ltd v Voller

Comments on news media Facebook pages ... High Court hears arguments on liability where Facebook media hosts are not aware of the comments before they are published ... Intention, knowledge and control in the process of publishing ... Role of innocent dissemination ... Limited function of media mastheads in managing Facebook pages ... Anna Kretowicz reports ... more


Publication    November 20, 2019

Young v Racing NSW (ABN 862 816 044 17) & Ors

District Court of NSW ... Horse trainer's case dismissed ... Claim that "persons unknown" may have read an ABC story online and consequently denied him access to the racetrack at Casino ... Publication ... Identification ... "Maze of incomprehensible pleadings" ... Abuse of process ... Using defamation proceedings as judicial review of racing club's decision ... Defects in pleadings ... Proportionality principles ... Stephen Murray reports ... more


Publication    July 4, 2019

Voller v Nationwide News Pty Ltd; Voller v Fairfax Media Publications Pty Ltd; Voller v Australian News Channel Pty Ltd

Media organisations' liability for third-party comments on Facebook ... Justice Stephen Rothman  finds media companies assume the risk for readers comments ... Purpose to "excite" the interest of users ... Possibilities for better filtering ... Online editors know which stories will generate controversy and potentially damaging comments ... Innocent dissemination distinguished ... Stephen Murray reports ... more


Publication    May 14, 2019

Russell v Queensland Television Pty Ltd & Ors

A Current Affair ... Report on substituting barcode on instant noodles for more expensive items such as bulk lamb cutlets and shampoo ... Plaintiff interviewed at her front door was not the offender ... Insufficient identification of the plaintiff as the offender ... Michelle was not Kylie ... Publication ... Janek Drevikovsky reports ... more


Publication    July 31, 2018

Defteros v Google Inc.

Google as publisher still unsettled ... Google v Duffy in SA Full Court distinguished from Defteros v Google ... Where the matter complained of is the search result rolled-up with the underlying webpage ... Whether Google is a publisher a matter for trial ... Victorian Court of Appeal ... Stephen Murray reports ... more


Publication    March 26, 2018

Trkulja v Google Inc

Google, the not so innocent disseminator ... New hypothetical referee challenged in the High Court ... Searching online for "Melbourne criminals" ... Graham Hryce on arguments in the great search engine case  ... more


Publication    November 3, 2017

Lei Vaa v Tony Barakat

Woman caught stealing on shop CCTV fails to prove publication of a poster featuring her photo and the caption “THIEF” ... She also fails to prove a conversation with the defendant was published to a third person …The credit of both parties found wanting by NSW District Court Judge Judith Gibson ... more


Publication    August 22, 2017

Brian Taylor v Sheena Hewitt

The problems of self-representation are painfully apparent in defamation proceedings brought over a post on a company’s Facebook page … Proceedings are dismissed for lack of evidence – of any kind ... more


Publication    April 10, 2017

UK woman wins permission to appeal Facebook libel

A woman who defamed her former husband on Facebook and was ordered to pay damages of £5000 is granted leave to appeal … At issue is the responsibility for publication of statements on social media … This report from Mike Dodd ... more