Insights

Defamation Concerns Notice is a substantive requirement – WA case dismissed

The Supreme Court of Western Australia recently dismissed a defamation claim brought by a plaintiff who had not given a concerns notice before commencing the relevant proceedings. In dismissing the...

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Australian “social media” age restrictions a possibility with South Australia championing reform

On 8 September 2024, the Honourable Robert French AC released the ‘Report of the Independent Legal Examination into Banning Children’s Access to Social Media’ (French Review) which includes a...

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Australian artificial intelligence regulation: a work in progress

Regulators are grappling with the challenges posed by AI, and where to strike the regulatory balance. Submissions to the Australian Senate Committee tasked to consider AI reveal some of the key...

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Uniformity deadline passes as digital defamation deformation prevails

The goal of uniformity for Australian defamation law is set to fall short again as a majority of jurisdictions fail to meet their own timeline for the proposed model Stage 2 defamation law reforms.

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Australian Government announces overhaul of Privacy Act and doxxing reforms

The Australian Government has announced that it will bring forward legislation to address doxxing in August 2024. It has not released information on what those reforms will cover. Options...

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One step forward, one back: advancements in digital defamation reform amidst a setback in uniformity

The latest signpost on the long road to defamation law reform appears to point to another departure from national uniformity with the announcement that not all states are on-board for a revised set...

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Scissors.
Defamation case dismissed in first application of the new serious harm test

Proceedings involving a one-to-one Facebook Messenger allegation of stolen scissors have been cut short by her Honour Judith Gibson DCJ in the first test of the serious harm element since it was...

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The Voller Appeal: High Court confirms liability for third party Facebook comments

By majority, the High Court has dismissed appeals from the New South Wales Court of Appeal, upholding a finding that, in respect of defamation liability, the appellant media companies are...

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How Australian Consumer Law applies to call centres and complaints divisions

Do your call centres and complaints divisions know what they can and cannot say under the Australian Consumer Law?

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Your corporate Facebook page: liability for third-party comments confirmed

On appeal from a preliminary question decided by Justice Rothman in Supreme Court of New South Wales defamation proceedings, the Court of Appeal has upheld the finding that media companies were...

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Universities and defamation: a new defence clears some space in the defamation minefield

Changes to Australia’s Uniform Defamation Laws will include a defence for scientific or academic peer review, providing greater comfort for academic publishing, but defamation risks for...

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Defamation Panel: CAMLA’s Communications Law Bulletin

Following a hearing in February this year, the Supreme Court handed down its judgment in the Voller case on 24 June 2019 and the result is intriguing for a host of reasons.

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Review 2019

With significant regulatory change coming into effect the spotlight is staying firmly on culture, ethics and regulatory compliance. An organisation’s social licence to operate remains a priority...

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Australia’s media reform and its impact on M&A activity

On 16 October 2017, the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 (Cth) was passed by Australia’s House of Representatives and granted Royal assent. Following the Royal...

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Australia’s media reform – removing two hurdles in a complex obstacle course

It is opportune to review the reforms and consider their implications for corporate transactional activity in the media sector.

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NSW Journalist Privilege law now in force

The Journalist Privilege amendments to the Evidence Act 1995 (NSW) (the Act) came into force in NSW on 21 June 2011. The changes to the Act are designed to bring New South Wales into line with...

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Workwise: executive departures and recruitment

JWS represented Seven Network (Operations) Pty Limited (Seven) and its executive programmer John Stephens in successfully defending the Supreme Court proceedings brought against them by Network Ten...

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Copyright a little cloudy around the edges

This article discusses the implications of the Federal Court decision in the case brought by Optus against the NRL and the AFL in relation to Optus' "TV Now...

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Indirect tax sharing agreements

On 28 June 2010 Tax Laws Amendment (2010 GST Administration Measures No. 2) Act 2010 (Cth) (the Act) was given Royal Assent. The Act establishes the legislative framework for entities which are...

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