Case Law, Australia: Dank v Nationwide News Pty Ltd: Twenty days in Stephen Dank’s defamation trial but Zero Damages – Justin Castelan

5 04 2016

DankSince 2013, the Australian sporting landscape has been dominated, not by any particularly amazing footballer, cricketer or athlete. No, it has been dominated by Stephen Dank – “sports scientist”. He is the man responsible for bringing into the Australian consciousness a range of strange sounding peptides, unknown Mexican amino acids and apparently useful horse supplements. He also brought them into the bloodstreams of elite sportsmen across different footballing codes in different states and for different teams. Read the rest of this entry »





Case Law, Australia: Father John Fleming v Advertiser News Weekend Publishing, Priest loses sexual misconduct defamation claim – Yvonne Kux

10 03 2016

gazetteLong-running defamation action brought by a former Anglican priest (now Catholic) over sexual misconduct allegations ends in victory for the publishers … The defences of truth and contextual truth are established for five articles in a lengthy judgment redolent with graphic sexual detail. Read the rest of this entry »





Donald Trump wants US libel laws to be more like those in Australia – Sally McCausland

5 03 2016

TrumpDonald Trump recently said that if elected President he would “open up our libel laws so when [newspapers] write purposely negative stories…we can sue them and make lots of money”. That sounds eerily familiar to observers here in Australia, where there is a long history of politicians suing or threatening to sue the news media. Read the rest of this entry »





The death of newspapers: have we reached the tipping point? – Brian McNair

22 02 2016

The AustralianIn a 2013 Monthly essay Eric Beecher warned of a looming “civic catastrophe” for Australia if the decline of newspapers continued as it had been in the preceding years. The Australian’s report on a Fairfax plan to dump print and go digital-only, as yet unimplemented but convincingly detailed in the leaked 2013 document prepared by management consultancy firm Bain & Co, suggest that such a move is, if not a certainty, highly probable in the foreseeable future. Read the rest of this entry »





Case Law, Australia: Duffy v Google Inc (No 2), Damages of Aus$100,000 awarded against Google for publication of defamatory snippets and hyperlinks

12 01 2016

Janice DuffyOn 23 December 2015, Mr Justice Blue awarded general damages of Aus$100,000 for libel against Google Inc to Dr Janice Duffy ([2015] SASC 206).  This decision followed the same Judge’s ruling in October 2015 that Google was liable for the defamatory content of hyperlinks and snippets referring to the plaintiff (see the Inforrm post on this decision). Read the rest of this entry »





Book Review, David Rolph’s “Defamation Law” – Judith Gibson

15 12 2015

gazetteSydney University media law academic Dr David Rolph has just published his fourth book, Defamation Law … It is “a vital contribution, not only to the identification and clarification of defamation law, but to the law reform debate generally”, says the NSW District Court’s Defamation List Judge Judith Gibson

Read the rest of this entry »





The Legal Perils of the Need to “Overshare” on Social Media – Stuart Gibson

9 12 2015

Stuart picture (1)No stranger himself to the laws of defamation himself in the late nineteenth century Oscar Wilde, once famously said: “There is only one thing in life worse than being talked about, and that’s not being talked about.” Read the rest of this entry »








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