The International Forum for Responsible Media Blog

Tag: Gazette of Law and Journalism (Page 1 of 6)

Australia: Where does the anti-trolling Bill take us, if anywhere at all? Bye-bye Voller? – Alex Tharby and Tracy Cole

On September 8, 2021, the High Court delivered the landmark Voller decision, dismissing appeals by media outlets against the decision of the New South Wales Supreme Court which held that the news media and users of social media and other internet platforms may be held liable for content posted by others to their pages. Continue reading

Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No. 2), A$300,000 in “holistic” damages – Stephen Murray

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  Continue reading

Case Law, Australia: Bolton v Stoltenberg, Facebook libel award of $100,000, An excess of unreasonableness – Stephen Murray

Facebook attack on Mayor of Narrabri … $100,000 damages … Whether posts had been published … Extent of readership … Defences of common law and statutory qualified privilege rejected … No malice, just “stupidity, bias and carelessness” … Injunction … “Liking” is not the same as publishing a post … Stephen Murray reports. Continue reading

Australia: the public interest backwater – David Rolph

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. Continue reading

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