Case Law, Australia: Jones & Australian Shareholder Centre PL v Aussie Networks PL & Eiby, Share trader’s defamation claims collapse – Justin Castelan

18 11 2018

The first defendant owned and ran an internet forum, Aussie Stock Forums, used to discuss topics related to the stock market and investments. The second defendant was its sole director and shareholder. He left a comment on the forum in response to a request for information about Australian Shareholder Centre PL (ASC), who, together with its owner, Mr Jones, ultimately sued him and the website owner for defamation, injurious falsehood and misleading or deceptive conduct in contravention of the Australian Consumer Law. Read the rest of this entry »





Case Law, Australia: Bolton v Stoltenberg, Facebook libel award of $100,000, An excess of unreasonableness – Stephen Murray

20 10 2018

Facebook attack on Mayor of Narrabri … $100,000 damages … Whether posts had been published … Extent of readership … Defences of common law and statutory qualified privilege rejected … No malice, just “stupidity, bias and carelessness” … Injunction … “Liking” is not the same as publishing a post … Stephen Murray reports. Read the rest of this entry »





Australia: Media power, why the full story of Murdoch, Stokes and the Liberal leadership spill needs to be told – Denis Muller

28 09 2018

File 20180920 107692 j03jv5.jpg?ixlib=rb 1.1The first German chancellor, Otto von Bismarck, said there were two sights the public should not see: the making of laws and the making of sausages. To this list of enduringly nauseating spectacles we should add one more: the political machinations of media moguls. Read the rest of this entry »





Case Law, Australia: Wagner v Harbour Radio Pty: Defamatory radio broadcasts result in largest ever damages award, $3.7 million – Stuart Gibson

15 09 2018

In the case of Wagner & ors v  Harbour Radio & ors ([2018] QSC 201) the Supreme Court of Queensland awarded a record total of $3.7 million to four brothers over comments made by controversial broadcast Alan Jones in 27 radio broadcasts which conveyed 76 defamatory imputations in relation to the collapse of a dam wall at a quarry owned by the brothers during floods in 2011.  Read the rest of this entry »





Case Law, Australia: Moroney v Zegers, Lying defamation defendant shot down by Sporting Shooters – Justin Castelan

12 09 2018

For a short time in 2012, Karel Zegers was the Acting President of the Victorian branch of the Sporting Shooters Association of Australia (“SSAAV”). His position on the Board was up for election in August that year and he decided to set up a website to run his campaign: shootersvictoria.com.  Read the rest of this entry »





Australia: the public interest backwater – David Rolph

5 09 2018

The UK, Canada, and New Zealand have developed a broader qualified privilege public interest defence … Australia lags in this development, although there are special local impediments … Durie v Gardiner in NZ holds there is nothing special about government or political speech that should not be applied to the protection of all speech … Waiting for the proper case in Australia … Professor David Rolph comments. Read the rest of this entry »





Case Law, Australia: Pahuja v TCN Channel Nine, Channel Nine’s “disgraceful” story, $300,000 damages – Justin Castelan

10 08 2018

Sunil Pahuja migrated to Australia at 27, did a Masters in accounting and developed a business installing solar panels. He knew many people in the Indian community and was to become the perfect example of a person who was in the wrong place at the wrong time. Read the rest of this entry »