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
Category: Seminars, interviews & commentary
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
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
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
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
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
New defamation amendments get an airing
Panel discussion of the defamation amendments ... NSW Attorney General Mark Speakman SC, Bird & Bird's Sophie Dawson and Jim Micallef from Corrs ... NSW stands alone with a new "uniform" defamation act, for now ... Liability for internet platforms in round two, mid-2022 ... Janek Drevikovsky tunes into a discussion covering the public interest defence; the serious harm threshold; concerns notices; offers of amends and the damages cap ... more
Bouquets and brickbats
Dr Matt Collins QC's appraisal of the Model Defamation Amendment Provisions ... Now enacted in NSW ... The reforms are welcome, yet there are serious reservations ... Significant disappointment with the "may take into account" provisions in the public interest defence ... Expenses and delays associated with the serious harm requirement and concerns notices ... Qualified privilege remains moribund ... Yet truth gets an important leg-up ... more
“If you tell the truth, you have nothing to fear” – McClintock
ALRC webinar on the future for defamation law reform ... The Commonwealth should play a larger role ... Bruce McClintock is opposed to more media-friendly measures ... Freedom of speech and the bottom line ... Claim that the defect is not with the law, but with journalism ... Need for more focus on the internet ... Online intermediary liability ... Innocent dissemination ... Privacy ... Janek Drevikovsky reports ... more
One more roll of the dice
Defamation law reform ... NSW attorney-general proposing "a clear defence for public interest journalism" ... New statutory defence of publication of a matter of public interest ... Adopting UK law ... Proposals before Council of Attorneys General ... Winding back the online limitation clock ...Phase two of the reforms underway ... Dealing with defamation published on internet platforms ... From Mark Speakman SC ... more
Voller unpacked
Voller - NSW Court of Appeal ... Media outlets as publishers of readers' social media comments ... Primary and secondary publishers ... The bifurcation of innocent dissemination - at common law and statute ... Publication said to be analogous to talk-back radio and online real-time noticeboards ... Liability for the torts of third parties ... Broadcasting Services Act ... Court of Appeals omits reference to leading judgments ... Implications for interactive social media platforms ... Professor David Rolph gets to grips with the appeal judgment on "publication" ... more
Tributes to David Levine
The former NSW Supreme Court defamation judge David Levine died on May 11 at the age of 75 ... The Gazette pays tribute to him with a collection of memories from friends and colleagues ... Contributions from Tom Blackburn SC, Richard Coleman, Judith White, Judge Judith Gibson, Peter Semmler QC, Robyn Ayres, Sophie Dawson and Jim Micallef ... more