Case Law, Australia, Trkulja v Google LLC, The return of Trkulja, Episode IV – Justin Castelan

27 06 2018

The Trkulja defamation franchise is into its fourth instalment, with the latest victory against the Google Empire coming with a stirring outcome arising from Mr Trkulja’s debut appearance in the High Court ([2018] HCA 25). Read the rest of this entry »





Social Media: the Free Speech Paradox – Patrick George

29 05 2018

People have been surprised by the freedom with which they can use social media and say exactly what they think.  Uninhibited, unrestrained and carefree commentary can be seen on platforms such as Twitter and Facebook at any time of day. Read the rest of this entry »





Is it time to regulate targeted ads and the web giants that profit from them? – David Glance

24 04 2018

File 20180419 163986 1h3lgye.jpg?ixlib=rb 1.1In the wake of Facebook’s massive breach of personal data of 87 million users, CEO Mark Zuckerberg answered questions from US politicians over two days of congressional hearings. These questions mostly focussed on the tight link between Facebook’s business model of selling targeted personalised advertising and its need to capture, and exploit, large amounts of personal information from its users. Read the rest of this entry »





Defamation Law: Outmoded and Overwrought, Paper by Judge Judith Gibson

18 04 2018

NSW District Court Judge Judith Gibson has rebuked successive governments’ failure to review and reform Australia’s defamation laws in the face of the revolutionary impact of social media on modern communication. Read the rest of this entry »





Defamation in the digital age has morphed into litigation between private individuals – Derek Wilding

3 04 2018

New South Wales District Court judge Judith Gibson recently identified a worrying social trend she sees in running the court’s defamation list – “ordinary people” suing over social media posts. In turn, NSW Attorney-General Mark Speakman committed to a review of defamation laws, in light of “the developing technological environment”. Read the rest of this entry »





Before you write that scathing online review, beware of defamation – Michael Douglas

20 03 2018

File 20180313 30989 1ppzbt.jpg?ixlib=rb 1.1Having suffered some terrible product or service, there is something darkly satisfying about publishing a scathing online review. This may not be virtuous or kind, but it can be cathartic. However, if your online review is disparaging of a person’s reputation, that person could sue you for defamation. Read the rest of this entry »





Technology and regulation must work in concert to combat hate speech online – Andre Oboler

14 03 2018
File 20180312 30972 1toiw3r.jpg?ixlib=rb 1.1

Online bullying, hate and incitement are on the rise, and new approaches are needed to tackle them. As the Australian Senate conducts hearings for its Inquiry into cyberbullying, it should consider a two-pronged approach to combating the problem. Read the rest of this entry »