Book review: Online Publication Claims: A Practical Guide – Judith Gibson

30 11 2017

Just how useful is the recent UK book Online Publication Claims: A Practical Guide? NSW District Court Defamation List Judge Judith Gibson examines the detail and finds much to recommend, just in time for Christmas, and beyond.

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Australia, Gayle v Fairfax, a not so surprising verdict – Graham Hryce

3 11 2017

When world views collide … As the fallout continues from the jury verdict in Chris Gayle’s defamation trial against Fairfax, media lawyer Graham Hryce suggests why it’s not so surprising that the media company went down. Read the rest of this entry »





Australia: Rebel Wilson’s $4.56m win amid Bauer bungle – Stuart Gibson

31 10 2017

Last month, the Victorian Supreme Court awarded $4.56 million to Australian actress Rebel Wilson, who had successfully sued Woman’s Day publisher Bauer Media over articles which branded Wilson as a serial liar.

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Australia: “Heroic” or just plain risky? Twitter’s approach to proceedings backfires – Simon Johnson and Freda Chan

20 10 2017
Recent Court-ordered Twitter takedown involving an anonymous tweeter has some interesting lessons, particularly for “foreign” online platforms …  Simon Johnson and Freda Chan look at the judgment and its implications.

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Google v Duffy, No clear result in law applying to search engines – David Rolph

15 10 2017

The long-awaited decision from SA’s Full Supreme Court does little to clarify the perplexing issue of how a search engine is liable for defamation, writes Sydney University media law academic Professor David Rolph … The judgment raises more questions than it answers in relation to publication, intention and knowledge

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Case Law, Australia: Google Inc v Duffy, Appeal court finds Google liable for publication of defamatory content of snippets and hyperlinked articles – Hugh Tomlinson QC

8 10 2017

In an important judgment handed down on 4 October 2017 in the case of Google Inc v Duffy ([2017] SASFC 130 [pdf]) the Full Court of the Supreme Court of Australia upheld the decision of Blue J ([2015] SASC 170) that Google Inc was liable for the defamatory content of the hyperlinks and paragraphs in search results on the claimant’s name (see our comment on the first instance decision). Read the rest of this entry »





Australia: The exorbitant injunction in X v Twitter – Michael Douglas

4 10 2017

The NSW Supreme Court has issued a global injunction enjoining overseas defendants to remove tweets of a corporate leaker … Sydney University media law academic Michael Douglas reviews the case, and the injunction.

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