Twitter, defamation and “serious harm” – David Rolph

25 03 2017

Twitter may well be the “Wild West” of social media. Certainly, anyone who has spent even a little time on it will be aware that there are a lot of people out there with most decided views who are willing to share them, frequently and stridently. Read the rest of this entry »

Case Report, Australia: Chel v Fairfax Media, Jury rejects contextual truth defence – Yvonne Kux

12 03 2017

A NSW Supreme Court jury rejects Fairfax Media’s contextual truth defence after Justice Robert Beech-Jones allows the defendant to “plead back” two imputations the jury found to be true … Damages hearing to follow. Read the rest of this entry »

Australia: Suppression Orders versus Open Justice – Jason Bosland

5 03 2017

supreme-court-of-victoria-2Open justice is a bedrock principle in liberal democratic systems of government. It is central to ensuring public confidence in the administration of justice and maintaining the rule of law. It keeps judges, who exercise power on behalf of the community, under constant scrutiny. Read the rest of this entry »

Australians believe statutory protections against offensive behaviour because of race, colour or national or ethnic origin should stay – Andrew Jakubowicz, Kevin Dunn and Rachel Sharples

28 02 2017

racismWhile debate over the merits of Section 18C of the Racial Discrimination Act continues to rage, new research shows that an overwhelming majority of Australians support legislation that prevents insults on the basis of race, culture or religion. The ConversationWe found that just 10% of Australians believe people should have the freedom to “insult” and “offend” people on the basis of race, culture or religion. Over 75% are opposed. Read the rest of this entry »

Case Law, Australia: Google Inc v Trkulja, Trkulja III not as good as the originals – Justin Castelan

17 02 2017

google-300x101By 2008, Indiana Jones had fought, flown and fallen through several great adventures: all against great odds, in the face of powerful empires and despite significant hurdles, he ploughed on… ultimately to victory. Then came Indiana Jones and the Crystal Skull. One movie too many. Read the rest of this entry »

Australia: lnternet publication, liability and context – Dr David Rolph

4 02 2017

gazetteThe recent Victorian Court of Appeal judgment involving Google illustrates the complexity inherent in applying defamation law to internet publication … Sydney media law academic Dr David Rolph explains why context is paramount.

Read the rest of this entry »

Australia’s privacy laws gutted in court ruling on what is ‘personal information’ – Jake Goldenfein

20 01 2017

smart-phonesIn possibly Australia’s most important privacy case to date, the Federal Court today severely gutted Australia’s information privacy laws by narrowing the definition of “personal information”. Read the rest of this entry »