Reading University law academic Lawrence McNamara has spent the last two years researching the impact of anti-terrorism laws on the Australian media. While he finds “disquiet” and “nervousness” among journalists, it doesn’t quite amount to a “chilling” effect. More worrying is the very real issue of limited access to information ... more
Category: Seminars, interviews & commentary
Journalists’ shield laws – no protection at all
Sydney media lawyer Richard Keegan reports on the federal government’s recent lame attempt to strengthen journalists’ shield laws. As expected, nothing changes when it comes to the protection of confidential sources ... more
SLAPP litigation in Australia
Media lawyer and consultant Bruce Donald reviews the current state of SLAPP litigation in Australia and finds that the problem remains serious – at least for those outside the mainstream media who criticise conduct in the public interest ... more
Press freedom – no right to behave badly
London-based media lawyer Stephen Collins reviews the recent High Court of Australia decision concerning the “media safe-harbour” and concludes that press freedom has not been dealt a body blow. Today Tonight’s journalism was “simple sloppiness” ... more
A welcome return to principle
University of Sydney media law academic Dr David Rolph welcomes the recent High Court decision on “business defamation” as a return to basic principle. Gacic is laid to rest at last ... more
Polden on Collins on Hanson
Sydney media lawyer Mark Polden takes issue with Stephen Collins over his analysis of the Pauline Hanson fake nude photos affair. He argues that the former fish ‘n chip shop owner and One Nation leader may well have grounds for a cause of action ... more
Defamation and media law, Fiji-style
NSW District Court Defamation List Judge Judith Gibson takes a look at two recent Fiji High Court media law decisions that saw press freedom under attack and the independence of the judiciary sorely challenged ... more
Pauline Hanson: Litigant without a cause
Now that the brouhaha over The Sunday Telegraph’s publication of fake nude photos of Pauline Hanson has all but abated, what can the “untamed and unashamed” redhead from Ipswich actually sue over? Stephen Collins looks at the possibilities and finds that Hanson may be a litigant without a cause ... more
Freedom of Speech conference – highlights and lowlights
A rich assortment of reptiles, lawyers, academics, policy makers, public servants and PR flacks assembled at the Sofitel Wentworth for the Freedom of Speech conference, hosted by Australia’s Right to Know. The Gazette was also there ... more
Whistleblower protections – narrow, unworkable and unhelpful
The Australian Press Council’s Policy Officer Inez Ryan reviews the recently released Whistleblower Protection Report and finds it offers virtually no protection at all for whistleblowers who go directly to the media. The proposed criteria are narrow, unworkable and unhelpful ... more
FOI law amendments – more rhetoric than reform
What is the Rudd government really doing with Australia’s FOI laws? Mark Polden reports that contrary to expectation and proclamation, the freedom to know is being severely limited by a whole new set of “exclusions” reminiscent of the Cold War 50s ... more
“Magic Alex” – an inference too far
Stephen Collins reports from London on how Justice Eady single-handedly resurrected “libel tourism” in the “Magic Alex” case by relying (in part) on the words of our own Justice Ian Callinan – to make an inference too far ... more