Case Law, Australia: Heather Reid v Stan Dukic, $180,000 damages for nine Facebook posts – Yvonne Kux

7 12 2016

gazetteIn the case of Reid v Dukic [2016] ACTSC 344, a man who posted a series of Facebook posts defaming the chief executive of a Canberra football organisation has been ordered to pay her damages of $180,000. Read the rest of this entry »

Case Law: Begg v BBC, Imam fails in “extremist speaker” libel claim – Aidan Wills

18 11 2016

shakeel_begThe BBC has successfully defended a libel claim brought by the Chief Imam of Lewisham Islamic Centre in relation to comments made by Andrew Neill during a live interview in November 2013. In Shakeel Begg v BBC ([2016] EWHC 2688 (QB)), Haddon-Cave J held that allegations that the claimant is an extremist speaker who has promoted jihad are substantially true. Read the rest of this entry »

“Purposeful avoidance of the truth”: the other side of actual malice – Charles Glasser

15 11 2016

uva-frat-rolling-stoneAmerican free speech jurisprudence, particularly in matters of public concern, has long been the envy of journalists around the world, and for good reason. Over the past year, the actual malice standard of liability has been expanded to offer journalists an extraordinarily high degree of protection for erroneous statements that may damage somebody’s reputation. Read the rest of this entry »

Case Law, United States: Nicole Eramo v Rolling Stone, Magazine Found to Have Acted with Actual Malice – Alexia Bedat

9 11 2016

rolling_stone_lawsuit-fb675-0270On Friday 4 November 4, 2016 a Charlottesville federal jury found Rolling Stone magazine liable for defaming Nicole Eramo, the former Associate Dean of the University of Virginia (“UVA”), in its now infamous article “A Rape on Campus”. Eramo sued Rolling Stone and the author of the story, Sabrine Erdely, for $7.5 million in reputational damages. Read the rest of this entry »

Case Law, Australia: Douglas v McLernon, A new damages benchmark for Western Australia – Jonelle Di Lena

6 11 2016

gazetteIn the case of Douglas v McLernon ([2016] WASC 320), the Supreme Court of Western Australia awarded its highest level of general damages to date and has granted a permanent injunction as a result of the “brazen content” of a series of defamatory online publications. Read the rest of this entry »

Combatting anonymous online defamation conflicts – Sophie Kay

5 11 2016

heir-huntersNot only has the digital age drastically changed our modes of communication, but the proliferation of the Internet has effectively expanded the global publisher population. Gone are the days when publishers only worked for large, corporate publishing houses. Nowadays, everyone is a publisher, and thereby a critic. Read the rest of this entry »

Ireland: The Department of Justice is conducting a review of the Defamation Act 2009 – Eoin O’Dell

2 11 2016

dojedublinThe Tánaiste and Minister for Justice and Equality has announced a review of the operation of the Defamation Act 2009 (also here), and is now inviting contributions and submissions by 31 December 2016. This is excellent news. Read the rest of this entry »