Should journalists be accredited? Who qualifies as “responsible”? And what, if any, privileges should be extended to journalists? In this piece, which first appeared in Inforrm, Hugh Tomlinson QC continues his examination of the nature, role and regulation of journalistic practice ... more
Year: 2011
Suppressing open justice
In the wake of the courts’ greater willingness to grant suppression and non-publication orders, the NSW Court of Appeal has come down strongly in support of open justice. Richard Ackland casts his eye over the legal landscape, and the judgment … more
Seeking higher ground
Who’s off to the High Court … Victoria Police stopped in their tracks by The Age ... The long road to judgment … Former Dean of the Conservatorium of Music claims damage to international reputation … Fresh defamation action against the Fin Review, Nine and Seven ... more
Man Haron Monis & Amirah Droudis v R
NSW Court of Criminal Appeal finds that “offensive” letters sent by a Muslim cleric to the families of soldiers killed in Afghanistan are not protected by Lange qualified privilege ... more
Defamation Law in Australia – Book Review
The second edition of Patrick George’s Defamation Law in Australia was recently launched by the now former Commonwealth Attorney General, Robert McClelland. Sydney University Professor of Law Barbara McDonald was there and agreed to review the tome ... more
Eoin O’Neill v Queensland Newspapers Pty Ltd & Ors
NSW Supreme Court Justice Henric Nicholas refuses to strike out Lange defence pleaded by The Courier Mail ... Alan Jones ordered to answer questions forthwith … The Australian wins truth case, loses indemnity costs argument ... more
Defamation Act (2005) Review – Overview of submissions
Submissions to the NSW Attorney General’s review of the Defamation Act (2005) are now closed. In this report Brigit Morris summarises some of the key criticisms and recommendations from a range of interested parties ... more
The Korean Times Pty Ltd & Anor v Un Dok Pak
NSW Court of Appeal rejects an unusual common law qualified privilege defence argument for The Korean Times, but reduces damages awarded to a Strathfield solicitor by $20,000 ... more
Should journalists have privileges? Part one: Journalists and citizens
How far should protection of journalists go as the lines between journalist and citizen bloggers become increasingly blurred? ... Inforrm’s Hugh Tomlinson QC looks at existing laws and discusses the difficulty of determining who should get protection, and what kind ... more
RSPCA (NSW) v Mal Davies
The RSPCA in NSW has been awarded damages of $100,000 over website allegations of cruelty to animals, misconduct and misuse of public donations. The website’s author, Mal Davies, was also ordered to stop posting defamatory material … more
LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Aaron Oddie
NSW Court of Appeal upholds both forms of qualified privilege in a case involving police uttering defamatory statements … No evidence that they were motivated by malice ... more
ABC drama
The ABC in trouble over its hit miniseries Paper Giants ... Channel Nine wins truth case in Brisbane … Former press photographer Derick Sands loses another appeal … ACMA slaps Alan Jones over “turkey” rant … Trucking tycoon starts heavy action against Fairfax … Ship’s captain claims he wasn’t all at sea ... more