Defamation take-down requests to Google – Max Campbell

12 05 2018

The right to be forgotten has been in the news again recently following the decision in NT1 & NT2 v Google LLC [2018] EWHC 799 (QB) (read our blog on that decision here), but Google will often voluntarily remove content from its search engine results on a variety of other grounds, including that the content is defamatory. 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 »





Defendants should not be gleeful at prospect of Supreme Court allowing appeal on defamation test in Lachaux case – Greg Callus

15 04 2018

There is a sneaking suspicion among some media lawyers that our cases seem to get permission to appeal to the higher courts more regularly than one might expect. Maybe it’s the fast-changing nature of media and communications law in the digital era; maybe it’s the sparkle and pizzazz of celebrities and gossip which brightens the day of overworked appellate judges. Read the rest of this entry »





Events: Defamation Law and the Internet Conference May 3rd, Register In Person or Live Webcast

12 04 2018

It has been said that almost every concept and rule in the field of defamation law has to be reconsidered in light of the Internet. The Law Commission of Ontario’s Defamation Law and the Internet: Where Do We Go From Here? conference considers whether or how defamation law should be reformed in light of fast-moving and far-reaching developments in law, technology and social values. 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 »





News: Serious Harm, Supreme Court grants permission to appeal in Lachaux v Independent Print

23 03 2018

On 21 March 2018 the Supreme Court (Lords Kerr and Reed and Lady Black) granted the defendants permission to appeal in the case of Lachaux v Independent Print.  The Supreme Court will now consider the meaning and effect of the “serious harm” requirement in section 1(1) of the Defamation Act 2013 for the first time. Read the rest of this entry »





#MeToo exposes legal failures, but ‘trial by Twitter’ isn’t one of them – Christy Clark

21 03 2018

File 20180316 104671 12l78mb.png?ixlib=rb 1.1Critics have raised concerns that #MeToo has turned into a “trial by Twitter”, suggesting it has turned the legal principle of innocent until proven guilty on its head. The Australian’s opinion columnist Janet Albrechtsen argued this point on the ABC’s #MeToo Q&A special last month. Read the rest of this entry »