This is the fourteenth instalment in a regular series from Inforrm highlighting press and case reports of new media and information cases from around the world. It is intended to complement our United States: Monthly Round Up posts. Please let us know if there are other cases and jurisdictions which we should be covering.
In the Media
Australia has passed the News Media Bargaining Code and act which drew scrutiny from CNBC, Lawyer Monthly and Reuters. The News Media Alliance made a statement in the wake of the confirmation of the Code. It was noted that “We look forward to seeing progress in the U.S. on similar legislation that would allow news publishers to collectively negotiate with the tech platforms for fair compensation for their content.” The BBC has an explainer and covers recent developments. See the final form of the Code here the ACCC website has more detail.
In the wake of the implementation of the Code News Corp has entered into a three year deal with Facebook for news content- the Financial Times explores the terms and implications of the deal.
The Media Entertainment and Arts Alliance has announced that it may leave the Australian Press Council, the Guardian reports.
Exchange Wire covers Canada’s own plans to implement a News Media Code following Australia’s example. Steven Guilbeault, Canadian Heritage Minister, will be responsible for shaping the Bill. Reuters has further commentary after the statement made last Thursday.
China is allegedly pressuring Jack Ma’s Alibaba Group Holding Ltd to sell the South China Morning Post. The news stokes growing concerns around Chinese influence on Hong Kong media outlets. The Wall Street Journal [£] reports.
The Guardian covers recent developments in India’s digital media laws, reviewing the development of social media platforms regulation and highlighting comments that new digital laws were “palpably illegal”. The Financial Times [£] also has coverage of India’s new “sweeping social media rules”. The International Policy Digest breaksdown India’s Platform and Media Ethics Code.
In the Courts
Leyonhjelm v Hanson-Young  FCAFC 22 – a case considering matters of Parliamentary privilege and qualified privilege.
Hutley v Cosco  NSWCA 17 and The Sydney Morning Herald had a piece “Court overturns $360,000 defamation win in Balmain neighbours’ feud”.
AA v BB 2021 ONCA 147 the Court of Appeal allowed the plaintiff’s appeal against the dismissal of a slander claim. The parties were anonymised to avoid the identification of their children.
Huff v Zuk, 2021 ABCA 60 the Court of Appeal of Alberta dismissed the defendant’s appeal against an award of $50,000 defamation damages.
Krishna v Sung Rea Kim  FJHC 158– a case concerning an alleged defamatory letter. The letters contents was found to be fair comment.
Prasad v Singh  FJHC 144– A case concerning an allegedly defamatory statement on Facebook. Damages was awarded to the plaintiff in the sum of $30,000.
Sayed-Khaiyum v Tikoca  FJHC 119– the defendant allegedly slandered the plaintiff on Sydney Community Radio. Defendant was ordered to pay the plaintiff $80,000 in compensatory and punitive damages.
This Round up was complied by Suneet Sharma a junior legal professional with a particular interest and experience in media, information and privacy law.