Recent discussion about freedom of speech in Australia has focused almost exclusively on Section 18C of the Racial Discrimination Act. For some politicians and commentators, 18C is the greatest challenge to freedom of speech in Australia and the reform or repeal of this section will reinstate freedom of speech. Continue reading
The International Forum for Responsible Media Blog
Tag: David Rolph (Page 2 of 2)
Defamation law has a reputation for being the most arcane area of private law. Its reputation is deserved. Described as the ‘Galapagos Islands Division of the law of torts’ by New South Wales Court of Appeal judge, Justice David Ipp, defamation law can be forbidding for lawyers and judges alike. With the introduction of national, uniform defamation laws, the sense of confusion inherent in defamation law may now apply more generally, rather than show any simplification or improvement. Continue reading
Treasurer Joe Hockey’s decision to sue Fairfax Media for defamation over the now-notorious front-page story “Treasurer for sale” raises interesting questions about politicians suing to protect their reputation, allied with the protection of freedom of speech in Australia. Continue reading
Last November, a young man was ordered by a NSW court to pay A$105,000 in damages for defaming a teacher at his former school on Twitter. The decision, which only came to light earlier this week, should serve as a reminder to all users of the legal risks involved in using social media. Continue reading
How is an anonymous plaintiff compatible with the public vindication of damage to reputation? … And what is the nature of the evolving relationship between defamation and privacy? Media law academic Dr David Rolph reflects on two significant cases. Continue reading
A recent UK High Court decision determined that the misuse of private information is a tort … Sydney media law academic Dr David Rolph looks at the ramifications for the development of a privacy law in Australia Continue reading
The common law protection of privacy has been slow to develop in Australia … Media law academic Dr David Rolph suggests this has everything to do with different media environments and, critically, with whose privacy is at stake. Continue reading
Are Australian courts steadily subverting free speech? Media law academic Dr David Rolph thinks the High Court’s recent introduction of reasonableness into the defence of qualified privilege is another incremental step in the wrong direction.
Over the past few years, there have been concerns about real or perceived threats to freedom of speech in Australia. Continue reading
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