Ireland: On World Press Freedom Day, the inevitable calls for reform of defamation law focus on the wrong issues – Eoin O’Dell

3 05 2016

wpfd2016Today is World Press Freedom Day. The UN/UNESCO Declarations on Promoting Independent and Pluralistic Media were adopted on 3 May 1991, at a seminar on Promoting an Independent and Pluralistic African Press, held in Windhoek, Namibia, from 29 April to 3 May 1991. Read the rest of this entry »

The Panama Papers and the risk of defamation and breach of confidence – Nathan Capone

7 04 2016

Cassidy-Panama-Papers-American-Names-1200The recent publication of the ‘Panama Papers’ – 11.5 million files from offshore law firm Mossack Fonseca revealing the details of the use of offshore tax havens by numerous individuals (including several politicians) and companies poses some immediate legal implications. Read the rest of this entry »

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 »

News: Scottish Law Commission published Defamation Law Consultation

18 03 2016

Scottish Law CommissionYesterday the Scottish Law Commission published a Discussion Paper on Defamation [pdf].  This summarises the current Scots defamation law and poses a number of consultation questions about possible areas of reform. Read the rest of this entry »

Case Law: Lachaux v Independent Print, Injunction in libel proceedings to protect legal privilege – Emma Cross

15 03 2016

Afsana-and-Bruno-Lachaux-280460On 18 December 2015, Sir Michael Tugendhat, sitting as a Judge of the High Court, granted injunctions restraining the Defendants, Independent Print Limited and Evening Standard Limited, from using information that was subject to legal professional privilege (“LPP”) after a private hearing (Lachaux v  Independent Print Limited). 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 »


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