Case Law, Australia: O’Reilly v Edgar, Fact free Facebook Posts, $250,000 damages – Gabrielle Hunter

24 03 2019

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. Read the rest of this entry »





Defamation Reform in Australia: Rearranging the deckchairs – Judith Gibson

7 03 2019

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. Read the rest of this entry »





Defamation Reform in Australia: Round One, Lots to discuss – Janek Drevikovsky

2 03 2019

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. Read the rest of this entry »





Australia: A brief history of recent court suppression orders – Richard Ackland

30 12 2018

“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?  Read the rest of this entry »





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 »





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

20 10 2018

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. Read the rest of this entry »





Scottish defamation reform stuck in the thistles – Nick Bonyhady

18 10 2018

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. Read the rest of this entry »