Denis, John, Neill and Joe Wagner operated a quarry in Grantham in Queensland. In January 2011, there was a flood that devastated the town and killed 12 people. A Commission of Inquiry made findings that the disaster was a natural event and no human action caused it or could have prevented it – not much of a story, so the media persisted. Read the rest of this entry »
Case Law, Australia: Wagner v Nine Network Australia PL, 60 Minutes indefensible defamation: $4 more million for the Wagner family – Justin Castelan
29 12 2019Comments : Leave a Comment »
Tags: Damages, Defamation Watch, Justin Castelan
Categories : Australia, Libel
Ireland: Damages for Data Protection Breaches 2, Why Murphy v Callinan is wrong – Eoin O’Dell
20 12 2019
In my previous post in this series, I argued (yet again) that Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) was wrongly decided. It precludes a claim for damages for distress for breach of data protection rights, pursuant to section 7 of the Data Protection Act, 1988 (also here) [hereafter: section 7 DPA88]. Read the rest of this entry »
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Tags: Cearta.ie; Eoin O'Dell, Damages
Categories : Data Protection, EU, Ireland
Ireland: Damages for Data Protection Breaches, 1: Why Collins v FBD Insurance is wrong (again) – Eoin O’Dell
19 12 2019
A story in the newspapers this morning has made me think once again about some of the weaknesses in Irish law relating to damages for data protection infringements. Read the rest of this entry »
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Tags: Cearta.ie, Damages, Eoin O'Dell
Categories : Data Protection, EU, Ireland
Case Law: Ali v Channel 5, Can’t pay? Court of Appeal does not take claimants’ damages away (but neither will it increase them) – Tom Double
24 04 2019
In Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677, the Court of Appeal considered whether countervailing privacy and the public interest/freedom of expression rights had been properly balanced, together with the appropriate award of privacy damages arising from footage of an eviction shown on Channel 5, the Defendant in this action. Read the rest of this entry »
Comments : 2 Comments »
Tags: Brett Wilson, Damages, Tom Double
Categories : Caselaw, Injunction, Privacy
Case Law: Grayling v North, Brexiteer ordered to pay philosopher £20,000 in libel damages for paedophile tweet – Iain Wilson
9 03 2019
Peter North, former UKIP parliamentary candidate and founder of the Brexit-supporting Leave Alliance, has been ordered to pay philosopher and academic AC Grayling £20,000 in libel damages after tweeting an allegation that Professor Grayling was in possession of child pornography. Read the rest of this entry »
Comments : 2 Comments »
Tags: Brett Wilson Media Law Blog, Damages, Iain Wilson, Twitter
Categories : Libel
Canada: Internet Defamation, “Diaspora damages” or damage in a “tightly knit ethnic community” – David Potts
9 02 2019
Tightly knit ethnic communities and social media often combine to create a toxic brew of defamatory allegations. Special considerations apply to the assessment of damages in libel actions in Canada where the language in the publication was not English or French. Read the rest of this entry »
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Tags: Cyberlibel, Damages
Categories : Canada, Internet, Libel
Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No. 2), A$300,000 in “holistic” damages – Stephen Murray
7 12 2018
A$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed Read the rest of this entry »
Comments : 4 Comments »
Tags: Damages, Gazette of Law and Journalism, Stephen Murray
Categories : Australia, Libel
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 »
Comments : 4 Comments »
Tags: Damages, Stuart Gibson
Categories : Australia, Libel
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 »
Comments : 3 Comments »
Tags: Damages, Defamation Watch, Justin Castelan
Categories : Australia, Libel
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 »
Comments : 1 Comment »
Tags: Damages, Defamation Watch, Justin Castelan
Categories : Australia, Libel
