Case Law, Australia: Gunston v Davies Brothers Ltd, Hobart Mercury’s Sleazy Campaign Yields Record Damages – Justin Castelan

Andrew Gunston was a policeman in Tasmania, having joined the Force in 1982. On the night of 12 October 2001, while off duty, he went to the Queenstown’s Empire Hotel for a drink. Or a few drinks. And a game of pool. And a meeting with a lady who he had known for some months. Who he played pool with. And won. Then after midnight, he went with the lady into a dark, little used room and they had a very nice time.

“A Year in Media Law: the view from Australia” – Peter Bartlett

This has been a challenging year for the media in Australia, with traditional business models thrown into turmoil by new media platforms. There was little cheer for the media on the legal side, either.

While there were not too many defamation claims that went to judgment in the last 12 months, the media did not do too well.

Privacy On Parade – Mark Pearson

The right to privacy is a relatively modern international legal concept. Until the late 19^th century gentlemen used the strictly codified practice of the duel to settle their disputes over embarrassing exposés of their private lives.

The first celebrity to convert his personal affront into a legal suit was the author of The Three Musketeers, Alexandre Dumas père, who in 1867 sued a photographer who had attempted to register copyright in some steamy images of Dumas with the ‘Paris Hilton’ of the day – 32-year-old actress Adah Isaacs Menken.

Journalism and the Wonderland of Public Interest, an Australian Perspective – Richard Ackland

What is meant by the term public interest? And does it trump a public figure’s right to privacy? Richard Ackland casts a gimlet eye over the concept and the difference between the media and judicial view

“That’s for our readers to tell … That will be determined by the number of people that buy the paper“. So said the deputy editor of The Sunday Telegraph, Helen McCabe, when asked by Media Watch in 2009 what was the public interest in her paper publishing those pouty photos of a young Pauling Hanson, in lingerie. Except, as it expensively transpired, it was not Pauline Hanson.

Case Law Australia: Forrest v Chlanda, Estate Agent wins libel damages – Justin Castelan

The plaintiff was a real estate agent in Alice Springs, operating under the name First National Real Estate Framptons. He was also the Southern regional representative of the Real Estate Institute of the Northern Territory. The self-represented defendants were the publishers of the Alice Spring News. The first defendant being the director and journalist who wrote the article in question and appeared at the trial.

Book Review: Mark Pearson “Blogging and Tweeting Without Getting Sued” – Leanne O’Donnell

Professor Mark Pearson’s Blogging & Tweeting Without Getting Sued will be welcomed by anyone writing online … Melbourne media lawyer Leanne O’Donnell reviews this timely legal guide to a rapidly evolving media landscape

Mark Pearson’s new book Blogging & Tweeting Without Getting Sued: A global guide to the law for anyone writing online – is very accessible guide to laws relevant to the all those writing online.

Finkelstein or Frankenstein Report? – Richard Ackland

Is the Finkelstein Report as dangerous as the media imagines? Richard Ackland looks at the major recommendations as well as some of the darker arts of journalistic practice not even mentioned in the report

Judging by mainstream newspaper reaction, Ray Finkelstein and Professor Matthew Ricketson are proposing a government funded monster to regulate every corner of Australia’s media.

Australia: News Media Council proposal: be careful what you wish for – Mark Pearson

The Finkelstein (and Ricketson) Independent Media Inquiry report released on 28 February 2012 is a substantial and well researched document with a dangerously flawed core recommendation.

An impressive distillation of legal, philosophical and media scholarship (compulsory reading for journalism students) and worthy recommendations for simpler codes and more sensitivity to the needs of the vulnerable are overshadowed by the proposal that an ‘independent’ News Media Council be established, bankrolled by at least Aus$2 million of government funding annually.

When is being in public, private? – David Rolph

A person’s expectation of privacy in a public place has been given new focus in a recent European Court of Human Rights judgment involving Princess Caroline of Monaco. Media law academic Dr David Rolph looks at the decision, and the implications for Australia The recent decision of the European Court of Human Rights in Von Hannover v Germany (No 2) has raised the issue of expectations of privacy in public places.

Twitter Libel Actions in Three Jurisdictions – Courtney Love, Chris Cairns, Joseph Meggitt

Three libel actions involving Twitter have been in the news around the world this week.  The first is in the USA and involves Courtney Love (again).  The second is due to be the first twitter libel trial – in England in two weeks’ time.  Finally, in Australia there is news of a claim against Twitter Inc itself as the publisher of a defamatory tweet.