Overview of the proposed defamation reforms from the Council of Attorneys General ... The front-load effect of the serious harm threshold ... The new-look concerns notice ... Contextual truth, a game-changer ... Brushing-up honest opinion ... Shortcomings with the defence of responsible, public interest, communication ... There's much to like - with a few caveats, writes Matt Collins ... more
Year: 2019
Facebook, as a newspaper
Attorney General Christian Porter suggests that social media platforms should be liable in defamation for posts by third-party users ... Stage Two of the uniform defamation reforms ... How does that work? ... The fallout from Voller ... An idea that is more terrible than good ... Cross-border problems with transnational tech companies ... It's doubtful that Facebook or Twitter will submit to the authority of the Australian courts ... The AG may not be across the detail ... Michael Douglas comments ... more
John Jarratt v Nationwide News
John Jarratt sues Nationwide News over reported statements by his accuser in historic rape case ... Accuser reported to be "devastated" over actor's acquittal ... Earlier Supreme Court proceedings against the Telegraph discontinued ... New proceedings against the Sunday Telegraph commenced in the Federal Court ... "Assault by Media: The True Story Behind the Headlines" ... Statement of claim ... Naming the accused ... Stephen Murray reports ... more
Roger Bailey v WIN Television Pty Ltd
Day two of Supreme Court trial before Justice Des Fagan, without a jury ... Plaintiff feared his professional career was damaged by TV interview with defendant councillor ... Council workers said to be unhappy ... Staff survey ... Reports of bullying and intimidation within the council ... Cross-examination ... Stephen Murray reports ... more
Cvek & Anor v Mihailescu & Ors
Claims in defamation and injurious falsehood ... Property development investment dispute ... Damages need to be particularised for injurious falsehood ... Unsuccessful attempt to frame a defamation case in injurious falsehood ... Justice John Dixon rejects injunctive relief ... ABC v O'Neill ... Immoderate "flamboyance" of language ... Janek Drevikovsky reports ... more
Schlaepfer v ASIC
Share-trader failed in defamation and injurious falsehood actions against the market regulator ... Imputations don't arise ... If they did they were protected by qualified privilege - statutory and common law ... ASIC had a legal duty and interest to convey concerns to brokers about market activity ... Reasonableness ... Plaintiff not referred to in conversations ... "Layering" the market ... Extrinsic facts and true innuendos pleaded ... Justification ... Stephen Murray reports ... more
Roger Bailey v WIN Television Pty Ltd
Former local council general manager sues WIN TV and councillor for defamation ... Bad blood at Lithgow council ... Accusations of bullying and intimidation ... Defences of contextual truth, qualified privilege, fair report of proceedings, fair summary of a public document and honest opinion ... Stephen Murray reports ... more
Adam Lang v Nationwide News & Anor
Former CEO of Macquarie Media sues over Daily Telegraph's reports on troubles at 2GB ... Allegations of management ... Wrangling over the future of tabloid-radio stars ... Peter Costello stepped in over plans to sideline Alan Jones ... Stephen Murray reports ... more
Dylan Hafertepen v Network Ten Pty Ltd
Federal Court ... American man sued Network 10 over story about the death of his partner ... Testicular silicone injections ... Silicone embolism syndrome ... Body modification ... Aggravated damages sought ... Judge orders interim security for costs of $20,000 ... "Let's see the colour of their defence" ... Stephen Murray reports ... more
Sarah Hanson-Young v David Leyonhjelm
$120,000 awarded to Senator Sarah Hanson-Young for defamatory attack by rival senator ... Federal Court finds Hanson-Young did not say "all men are rapists" ... The theatre of politics ... "Castigations of opposing politicians" ... The promiscuity imputation ... Defences of justification and qualified privilege unsuccessful ... Reasonableness ... Malice ... Parliamentary privilege only applies to proceedings in parliament ... Assessment of damages ... Stephen Murray reports ... more
Wagner & Ors v Nine Network & Ors
$3.6 million awarded to four Queensland quarry owners against Nine Network and commentator Nicholas Cater ... 60 Minutes ... Cater engaged in an "apparent vendetta" ... "Unjustifiable and improper" conduct ... Baseless statements ... Failure to seek a comment ... Carelessness in not checking ... Failure to apologies ... Aggravated damages ... Comparison with the case against Harbour Radio and Alan Jones ... Awards not punitive ... Vindication ... The ghost of Gerald Stone ... Stephen Murray reports ... more
Hanson-Young v Leyonhjelm (No. 4)
$120,000 awarded to Senator Sarah Hanson-Young for defamatory attack by rival senator … Federal Court finds Hanson-Young did not say “all men are rapists” … The theatre of politics … “Castigations of opposing politicians” … The promiscuity imputation … Defences of justification and qualified privilege unsuccessful … Reasonableness … Malice … Parliamentary privilege only applies to proceedings in parliament … Assessment of damages … Stephen Murray reports … more