Australia: an opportunity missed to enhance press freedom – Paul Wragg

7 10 2014

gazetteThe Australian Law Reform Commission has recommended the creation of a commonwealth statute to protect against serious invasions of privacy.  The proposed tort bears close comparison to the UK’s misuse of private information action, developed from Campbell v MGN ([2004] AC 457).  The full report is available here [pdf]. Read the rest of this entry »





It came from CyberSpace: Defamation Law and the Internet – Judith Gibson

26 09 2014

gazetteIn an important new paper, the New South Wales District Court’s Defamation List Judge Judith Gibson looks at the case law on defamation and the internet, from both the plaintiff and defendant points of view.  The paper was given at the NSW State Legal Conference on Thursday 28 August 2014. Read the rest of this entry »





Australia: Privacy Report, Interview with Barbara McDonald

18 09 2014

gazetteThe ALRC report on Serious Invasions of Privacy in the Digital Era surprised no one by recommending an actionable tort of privacy … In this interview with Australian online media law publication, the Gazette of Law and Journalism (“GLJ”), the commissioner for the inquiry, Professor Barbara McDonald, reveals the forces at play and the thinking behind the report’s key features

Read the rest of this entry »





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 »








Follow

Get every new post delivered to your Inbox.

Join 3,924 other followers