Seminars, interviews & commentary    July 8, 2021

The changing landscape of defamation law

Defamation law and the internet ... ANU defamation colloquium ... The challenges posed by technology, post-truth politics and populism ... Reforms in Ontario ... Matt Collins QC on the new contextual truth and opportunities for defendants ... Serious harm test ... Foreign intermediaries and enforcement of court orders ... Janek Drevikovsky reports ... more

 

Seminars, interviews & commentary    June 16, 2021

“Vigilante journalism” keeps the bastards on their toes

Misplaced and cowardly attacks on investigative work by Four Corners, the Nine newspapers ... The QAnon story ... Christian Porter and Ben Roberts-Smith cases ... Political spoofs and satires also under threat ... Michael Douglas comments ... more

 

Seminars, interviews & commentary    May 5, 2021

The mysterious case of the vanishing jury trial

Defamation cases and juries ... A study of what has happened to juries and jury verdicts since the Uniform Defamation Acts ... Juries overall preference for plaintiffs ... Whither defamation juries ... An endangered species ... Data report from Janek Drevikovsky ... more

 

Seminars, interviews & commentary    April 19, 2021

Defamation lawyers critique new law

Stop the current reform agenda ... Briefing paper from defamation lawyers ... Complaints about increased costs, delays ... New public interest defence for the media unhelpful for plaintiffs and defendants ... Irresponsible journalists will be emboldened ... Aggravated damages should be untethered ... Juries out ... Let the Commonwealth cover the field ...  Janek Drevikovsky reports ... more

 

Seminars, interviews & commentary    April 18, 2021

Defamation and the internet

AGs discussion paper on defamation reforms for the internet ... Liability of intermediaries ... "Dumb pipes" ... What is a "publisher"? ... Proposed immunities ... Takedown orders ... Protections for complaints about criminal conduct ... Janek Drevikovski reports ... more

 

Seminars, interviews & commentary    January 20, 2021

Dismantling the immunity

Tech platforms aggravated "the steal" ... Trump de-platformed over democratic violations ... Consequences for social media platforms ... White House threat to section 230 Communications Decency Act ... Consistent global approach to "responsible" content ... Patrick George reviews social media's post-Trump world ... more

 

Seminars, interviews & commentary    January 13, 2021

Tech companies – give and take

De-platforming a president ... What does it mean for the "public square" ... The law, the policy and the power ... Reasonable points to support the conservative outcry ... Even better points in favour of tech companies restraining an attempted coup d'état ... Michael Douglas presents the "correct opinion"    ... more

 

Seminars, interviews & commentary    January 1, 2021

Kevin Rudd talks to HackedOff

Former prime minister Kevin Rudd interviewed by HackedOff in London about the petition for a royal commission into the power of the Murdoch media in Australia ... "If you simply go into a shop in Australia to buy a pie, you'll hear people say, 'I signed your petition, Kev'." ... more

 

Seminars, interviews & commentary    December 3, 2020

High priests of defamation law reform are like the Bourbons

The Herron & Gill case against HarperCollins and Steve Cannane should never have gone to trial ... Proportionality ... Abuse of process ... Justice Jagot rejected earlier application to stay or strike out the plaintiffs' actions ... Calls for defamation reform misplaced when judges continue to misapply the law ... Graham Hryce comments ... more

 

Seminars, interviews & commentary    October 2, 2020

Fair reporting

The fair report defence reviewed by Richard Potter SC ... Proceedings of public concern ... Hybrid reports ... Fair report of public documents ... Case review ... ... more

 

Seminars, interviews & commentary    September 11, 2020

2020: The Federal Court’s biggest defamation year yet

No slow-down in the Federal Court's defamation beat ... More cases so far in 2020 than in any other year ... Pandemic be damned ... Movement at the Victorian registry ... Google in the firing line over anonymous reviews ... Charts and tables galore ... Janek Drevikovsky with all the latest data ... more

 

Seminars, interviews & commentary    September 7, 2020

Lifting Victoria’s gag law

Identification and publication of information about survivors of sexual abuse under Victorian legislation ... Amending the wrong legislation after the Vincent report on the Open Courts Act ... Ambiguity ... Overblown complaints ... The amendments to be amended ... Roundtable discussions ... Judicial Proceedings Reports Act (Vic) ... All's well that ends well ... From ABC lawyer Pierce Hartigan ... more