New South Wales: Qualified privilege falls short again – Graham Hryce

18 08 2012

The NSW Court of Appeal has delivered another judgment confirming the difficulty in Australia of establishing the qualified privilege defence for media defendants. The NSW Court of Appeal handed down its decision in Lloyd-Jones v Allen ([2012] NSWCA 230) on 1 August 2012.  Justice Henric Nicholas wrote the leading judgment, with which Justices Ruth McColl and Margaret Beazley concurred. Read the rest of this entry »





Case Law, New South Wales: LVMH Watch & Jewellery Australia Pty Limited v Michael Lassanah & Aaron Oddie – police win privilege appeal

9 12 2011

On 28 November 2011 the New South Wales Court of Appeal determined that defamatory statements uttered by police doing their work are protected by both forms of qualified privilege – statutory and common law ([2011] NSWCA 370).   In a case which involved police officers uttering defamatory statements the Court of Appeal upheld both forms of qualified privilege and held that there was no evidence that they were motivated by malice.  As a result, the defendant’s appeal was allowed. Read the rest of this entry »





Defamation in New South Wales, Part 2 – “The Libel Capital of the World?”

12 10 2010

In a recent post we discussed a number of points concerning defamation litigation in New South Wales.   We suggested that the state has a similar volume of libel litigation to the United Kingdom, despite having something like one eighth of the population.  A commentator on the blog post has pointed out that our statistics were seriously misleading.  We said  that, in 2010, the Courts of New South Wales had produced judgments in 36 cases in which defamation was the main claim, as against a figure of 28 judgments for England and Wales. Read the rest of this entry »





Defamation in New South Wales – lots of cases and more judges

19 09 2010

Supreme Court of New South Wales

London is sometimes, inaccurately, described as the “libel capital of the world” (it is, in fact, a libel backwater).  A more plausible candidate for the international title might be Sydney, capital of the Australian State of New South Wales.  Although the population of New South Wales is just over 7 million it appears to have similar numbers of libel cases to the whole of England and Wales with nearly eight times the population. Read the rest of this entry »





Case Law: R (Bridges) v Chief Constable of South Wales Police: The use of facial recognition software by the police is lawful –  Suneet Sharma

6 09 2019

On 4 September 2019 the Administrative Court (Haddon-Cave LJ and Swift J) handed down judgment in the case of R (Bridges) v Chief Constable of the South Wales Police [2019] EWHC 2341 (Admin).  The Court held that it was lawful for the police to use automated facial recognition software (“AFR”). Read the rest of this entry »





South Africa: The right to broadcast court cases, Henri Van Breda, Visvanathan Ponnan and open justice – Dario Milo

27 06 2017

The Henri Van Breda case (Van Breda v Media 24 Limited and Others [2017] ZASCA 97) has confirmed that cameras in courts are not only here to stay, but that this is mandated by the South African Constitution in order to facilitate open justice and the right of the public to hear and see what goes on in our courts. Read the rest of this entry »





Regional newspapers can thrive again if they go back to their community role – Rachel Matthews

16 05 2017

Local newspapers are contradictory things. They are dismissed as “rags” and yet their familiar names are are part of the glue which holds communities together. The Conversation Read the rest of this entry »





Stop press? Last words on the future of newspapers – Richard Sambrook

1 02 2017

newspapersIn a turbulent era of fake news, Donald Trump, and Brexit, the need for accurate reporting and informed comment and analysis is all too clear. And it has traditionally been newspapers that have done the heavy lifting that ensures the public is kept in the picture. But just when we need them the most, the future of newspapers is unclear at best. Read the rest of this entry »





News: ICO issues Annual Report, 2016-2016: More than 20,000 complaints and over £2m in monetary penalties

29 06 2016

ico_blue_flex_logoThe Information Commissioner’s Office has released its annual report for 2015-2016.  This is is Christoper Graham’s last annual report after 7 years in office. Mr Graham said that there had been a year of “real achievement”. He said “We have delivered on our objectives, responding to new challenges, and preparing for big changes, particularly in the data protection and privacy field.” 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 »