Australia: A landmark judgment – David Rolph

28 08 2014

gazetteNSW Supreme Court Justice Lucy McCallum’s decision last week to permanently stay Roland Bleyer’s defamation proceedings against Google Inc (Bleyer v Google [2014] NSWSC 897) is a landmark judgment for two reasons.

Read the rest of this entry »





Case Law, Australia: Bleyer v Google Inc, “Search results” libel action stayed as “disproportionate” – Hugh Tomlinson QC

22 08 2014

Roland BleyerIn the case of Bleyer v Google ([2014] NSWSC 897) the Supreme Court of New South Wales stayed a libel action  against Google Inc based on defamatory snippets because the resources of the court and the parties that would be expended were disproportionate to the plaintiff’s interest in obtaining vindication.  In the course of her judgment McCallum J held that Google was not the publisher of the results produced by its search engine. Read the rest of this entry »





Case Law: Australia, North Coast Children’s Home Inc. v Keith Martin, the perils of digital defamation – Yvonne Kux

17 08 2014

gazetteIn the case of  North Coast Children’s Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin ([2014] NSWDC 125) a foster care organisation and two of its employees who sued over Facebook posts and emails which alleged child abuse, have been awarded a total of $250,000 in damages. Read the rest of this entry »





Australia: Wikileaks and the Not-So-Super Injunction – Jason Bosland

4 08 2014

Supreme Court VictoriaThe publication by Wikileaks of a Victorian Supreme Court suppression order has prompted a deluge of debate in the media about the state of open justice in Victoria. There is no doubt that Victoria has a problem with suppression orders and that the circumstances of the making of the order in question – which prohibits the naming of a long list of high profile international public officials in connection with allegations of corruption – is of immense public concern. However, some balance and perspective, along with some basic accurate information regarding the suppression order at the centre of the controversy, must be injected into the debate. Read the rest of this entry »





It’s grim down under: Australia, Murdoch and political control – Granville Williams

15 06 2014

AbbottMurdochA report in the Brisbane Times, 12 June 2014, revealed Australian Prime Minister Tony Abbott and his chief-of-staff, Peta Credlin, spent more than 2½ hours at Mr Murdoch’s apartment near Central Park in New York on Tuesday evening, 10 June. Read the rest of this entry »





Does Australia need a statutory right to privacy? – Tom Blackburn SC

6 06 2014

gazetteBarrister Tom Blackburn SC reviews the current media and social media landscape and considers it is time for a “personally enforceable tort of privacy” – one which doesn’t discourage investigative journalism.

Read the rest of this entry »





Does Australia need a statutory right to privacy? – Justin Quill and Peter Bartlett

31 05 2014

gazetteMedia lawyers Justin Quill and Peter Bartlett argue that Australia already has laws to protect serious invasions of privacy and warn against the chilling effect on reporting that a statutory right to privacy would have

Read the rest of this entry »








Follow

Get every new post delivered to your Inbox.

Join 3,786 other followers