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 »





Australia: A modern tragedy, Nine-Fairfax merger a disaster for quality media – Denis Muller

27 07 2018

File 20180726 106511 eurlv2.jpg?ixlib=rb 1.1All deaths are sudden, even if long expected.  Appropriately enough, this is the opening sentence of a book called Journalism in a Culture of Grief. And if ever there was a time of grief for journalism in Australia, it is the announcement that Nine Entertainment is taking over Fairfax Media. Read the rest of this entry »





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 »