Case Law, Australia: Gacic v John Fairfax Publications Pty Ltd, Damages increase for restaurateurs defamed by Sydney Morning Herald review – Yvonne Kux

2 05 2015

gazetteIn the case of Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans ([2015] NSWCA 99) the NSW Court of Appeal increased the $160,000 damages awarded to each of three former restaurateurs defamed by a Sydney Morning Herald review twelve years ago. Read the rest of this entry »





Why extending exemplary damages is the best approach for public interest journalism – Hugh Tomlinson QC

27 03 2013

News of the WorldThere has, over the last few months, been widespread criticism from the press of Lord Justice Leveson’s recommendations about exemplary damages.  These recommendations have been widely misreported and misunderstood.  Many have been misled by words like “punitive” and “fines” into thinking that such damages would be imposed as a matter of routine on publishers who make mistakes. In fact, properly understood, exemplary damages are the best available approach for protecting the rights of victims and public interest journalism.  Read the rest of this entry »





Leveson, Article 10 and Apologies: another red herring – Hugh Tomlinson QC

23 03 2013

RedHerringBlurbThe media continue to seek to resist Lord Justice Leveson’s proposals for the self-regulation of the press by appeals to their “human rights”.  A number of legal opinions opposing the proposals have been leaked to the press although, as far as I am aware, none have in fact been published.  Whilst it is good to see that the Daily Mail and the Daily Telegraph have become converts to the value of the European Convention on Human Rights, these claims do not – on analysis – undermine the Leveson proposals.
Read the rest of this entry »





Briefing Note on Exemplary Damages and Costs – Gill Phillips

22 03 2013

Leveson ReportA lot has been written in recent days about the proposed new clauses to go into the Crime and Courts Bill, which is due to be debated in the Lords on Monday, on exemplary damages and costs. The content and import of these clauses are very worrying and pose some serious threats to free speech. Read the rest of this entry »





The Leveson Report and Exemplary Damages: no “violation of free speech” – Hugh Tomlinson QC

13 01 2013

leveson-press-conferenceThe Leveson Report is a careful compromise designed to protect both freedom of expression and privacy.  Lord Justice Leveson accepted the arguments of the press that a system of statutory regulation should not be imposed on them. He offered them the almost unique privilege of self-regulation – subject only to oversight of the regulator by Ofcom or a “recognition commissioner”.   He suggested a number of incentives to encourage publishers to join the new regulatory body.  One of the most important concerns exemplary damages. Read the rest of this entry »