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
The International Forum for Responsible Media Blog
Tag: Gazette of Law and Journalism (Page 1 of 6)
In the case of Raynor v Murray ([2019] NSWDC 189) the District Court of NSW ordered Patricia Murray, a tenant of Manly residential flats known as “Watermark”, to pay damages of $120,000 to the chairman of the building’s strata committee for a defamatory email regarding an unlocked mailbox. Continue reading
Case Law, Australia: O’Reilly v Edgar, Fact free Facebook Posts, $250,000 damages – Gabrielle Hunter
In the case of O’Reilly v Edgar ([2019] QSC 24) the Supreme Court of Queensland awarded Kelvin O’Reilly, the CEO of a go-kart racing organisation, $270 658.71 in damages, including aggravated damages, for defamatory posts by a Facebook troll. Continue reading
The Council of Attorneys General Review of Model Defamation Discussion Paper was released on 25 February 2019. The Discussion Paper sets out a list of 18 questions, as a guide to the areas of interest to be discussed, and invites submissions, which are due by April 30, 2019. Continue reading
On 26 February 2019 the Council of Attorneys General released a discussion paper on Australia’s defamation laws, part of the process of reforming the uniform national scheme. Continue reading
“Suppression” is the Australian media-law word for 2018 … Everyone wants to know more about what has been suppressed by the courts … Invariably the cat gets out of the bag … Latest suppression statistics Australia-wide … Are suppression orders sensible in the age of the internet? Continue reading
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
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
Lukewarm response to Scottish Law Reform Commission’s report on defamation reform … Little movement … Not enough libelling going on … Defamation case against former leader splits the Scottish Labour Party … Homophobia collides with independence for Scotland … Nick Bonyhady reports. Continue reading
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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