Defamation Law in Australia: arcane, technical and in need of fundamental reform – David Rolph

1 12 2015

RolphDefamation law has a reputation for being the most arcane area of private law. Its reputation is deserved. Described as the ‘Galapagos Islands Division of the law of torts’ by New South Wales Court of Appeal judge, Justice David Ipp, defamation law can be forbidding for lawyers and judges alike. With the introduction of national, uniform defamation laws, the sense of confusion inherent in defamation law may now apply more generally, rather than show any simplification or improvement. Read the rest of this entry »

Paddling in the backwater: Australian courts and online defamation – Dr Matt Collins QC

27 11 2015

gazetteWhen, in 1932, a Full Court of the Victorian Supreme Court considered, for the first time, how the rules of defamation law might apply to that new-fangled technology, the radio, one of the judges bemoaned that: Read the rest of this entry »

Case Law, Australia: Duffy v Google Inc, Google liable for search results, hyperlinks and autocompletes – Lorna Skinner

12 11 2015

SkinnerLOn 27 October 2015 Mr Justice Blue, sitting at first instance in the Supreme Court of South Australia, handed down judgment on liability in the defamation case of Duffy v Google Inc ([2015] SASC 170).  He held Google Inc liable for the defamatory content of the hyperlinks and snippets returned by way of Google search results on the Claimant’s name and for the defamatory content of search autocompletes relating to her. Perhaps more controversially, Google was also held liable as a republisher of the defamatory content of third party websites hyperlinked on its search results. Read the rest of this entry »

Case Law, Australia: DHR International Inc v Challis, No injurious falsehood injunction against blog – Brigit Morris

30 10 2015

dhr_international_02On 23 October 2015, Justice Richard White in the New South Wales Supreme Court dismissed an application by a global executive recruitment firm, DHR International, for injunctive relief to remove anonymous blog posts allegedly made by a former employee of a DHR subsidiary. Read the rest of this entry »

Case Law, Australia: Benyon v Manthey, Damages award in “naked sushi eating” libel case – Brigit Morris

20 10 2015

Travers BenyonOn 8 October 2015, the District Court of Queensland awarded damages of AUD$25, 000 to the now infamous millionaire playboy, the ‘Candyman’, in Benyon v Manthey [2015] QDC 252. Read the rest of this entry »

Australia: ‘Revenge porn’ bill introduced into federal Parliament – Brigit Morris

15 10 2015

Revenge-Porn-300x169An opportunity has finally arrived for the Australian Parliament to debate proposed legislation that would criminalise the phenomenon of so-called ‘revenge porn’. The rapid development of instantaneous communication technology and increased reporting of revenge porn incidents in Australian media, have intensified calls for the government to criminalise the distribution of intimate and/or sexually explicit images and videos of individuals without their consent. Read the rest of this entry »

Case Law, Australia: Fairfax Media Publications Pty Ltd v Melinda Pedavoli: Fairfax loses damages appeal over false report of unnamed teacher preying on students – Yvonne Kux

6 09 2015

gazetteIn the case of Fairfax Media Publications Pty Ltd v Pedavoli  ([2015] NSWCA 237) the NSW Court of Appeal has unanimously dismissed an appeal by Fairfax Media over the $350,000 damages awarded to a female schoolteacher it falsely accused of sexually preying on male students. Read the rest of this entry »


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