We assist clients in the intensely competitive media sector, where organisations face a number of critical legal issues to protect their competitive advantage, reputation and business strategies.

We provide expert advice on all issues relating to pre-publication and pre-broadcast matters, together with representing media defendants in relation to defamation, contempt, copyright and trade practices claims and litigation arising out of those issues. We act for industry leading television networks, newspapers, magazines, information technology companies, e-commerce and mutlimedia providers, publishers and film companies.

We have extensive experience in:

  • pre and post publication advice
  • defamation
  • advising on the Broadcasting Services Act and other media legislation and regulations
  • contempt and statutory offences
  • Press Council and ACMA complaints
  • privacy and related issues
  • opposition to injunctions and suppression applications
  • online and website issues
  • intellectual property protection
  • copyright infringement and moral rights
  • licensing and distribution agreements
  • clearance of third party and underlying rights
  • business names, domain names and trademarks (including protection of mastheads)
  • contracts for performance rights, ancillary and merchandising rights.

Experience

General

Bauer Media Pty Ltd

Our client was sued in the Supreme Court of Victoria by high profile Australian entertainer, Rebel Wilson over defamatory material published in eight separate articles across a number of Bauer titles. At trial, Ms Wilson received a record damages award including sums for loss of income and aggravated damages. Bauer was overwhelmingly successful on appeal, reducing the damages award by circa 90%. The Court of Appeal proceedings were of concern to the wider media industry who applied for leave to appear as “interveners”.

Microsoft

Responding to proceedings in the Supreme Court of Queensland over alleged publication of search results on its “Bing” search engine. The case is the latest in a line of Bing related actions, including ongoing Victorian Supreme Court proceedings brought by Milorad Trkulja and the South Australian Supreme Court proceedings brought by Dr Janice Duffy.

Seven

Acting in defamation proceedings brought in the Supreme Court of New South Wales by prominent Northern Territory detainee, Dylan Voller, against Seven West Media Limited. Voller’s action was over a Facebook “comment” in relation to a Seven West news report posted by Seven West Media on its Facebook page. The plaintiff ’s formulation of the claim gave rise to novel questions about responsibility for a third party’s post on a Facebook page operated by an established media company.

Yahoo!7

Our client is the defendant in the Supreme Court of Australia commenced by Dr Janice Duffy. As with Dr Duffy’s actions against Google LLC (which went to the Court of Appeal in South Australia) and proceedings against Microsoft Corporation (which we also act for in separate proceedings) the material complained comprises search results on the client’s search engine.

Search engine defamation defences

Representing international search engines in defamation defences including Appeal level cases that have established the defences available for alleged publications arising from search results.

Verizon Media Australia

Defending defamation proceedings brought by Sam Newman for defamatory imputations allegedly arising from a Yahoo Sports article.

Desert Pea Media

Ongoing pro bono advice to Original Nations content creator in relation to copyright, intellectual property and other matters related to its media content and board governance.

Bauer Media Pty Ltd

Defamation defence of action brought by Rebel Wilson over publications in Woman's Day, NW, Women's Weekly and OK Magazine, including successful proceedings in the Court of Appeal and High Court.

Bauer Media Pty Ltd

Defending copyright proceedings brought by the artist Vladas Meskenas, featuring the world's first litigated claim in relation to Moral Rights.

Dow Jones & Co Inc

Defence of landmark defamation proceedings brought by Joseph Gutnick in the Supreme Court of Victoria and High Court of Australia.

People

Recognition

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