In 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. Continue reading
The International Forum for Responsible Media Blog
Tag: Gazette of Law and Journalism (Page 4 of 6)
It is now over ten years since the landmark decision in Campbell v MGN Ltd ([2004] 2 AC 457) established the misuse of private information (“MOPI”) tort (any lingering doubt that it might not be a tort has been eradicated by the Court of Appeal decision in Vidal-Hall v Google Inc [2015] EWCA Civ 311). Continue reading
In the case of Jneid v Western Australian Newspapers ([2015] WASC 68) the Western Australia Supreme Court found that the front page of The West Australian newspaper displayed in a glass box, is a separate act of publication for the purposes of maintaining a defamation claim. The court also found it was capable of conveying an imputation without reference to a story in the body of the paper. Continue reading
News: Hockey v Fairfax Media Publications, Final Submissions in Federal Treasurer’s defamation trial
On 16 March 2015, the Federal Court of Australia heard final addresses in the defamation action brought by the federal treasurer, Joe Hockey, against Fairfax Media. They illuminated more than just legal arguments – they have revealed the very different styles of counsel involved. Continue reading
Sandra De Poi, the former partner of South Australia Labor MP Leon Bignell and a WorkCover board member, has lost her defamation action against the publisher of The Sunday Mail. Continue reading
The Australian Law Reform Commission has recommended the creation of a commonwealth statute to protect against serious invasions of privacy. The proposed tort bears close comparison to the UK’s misuse of private information action, developed from Campbell v MGN ([2004] AC 457). The full report is available here [pdf]. Continue reading
In an important new paper, the New South Wales District Court’s Defamation List Judge Judith Gibson looks at the case law on defamation and the internet, from both the plaintiff and defendant points of view. The paper was given at the NSW State Legal Conference on Thursday 28 August 2014. Continue reading
In the case of North Coast Children’s Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) v Martin ([2014] NSWDC 125) a foster care organisation and two of its employees who sued over Facebook posts and emails which alleged child abuse, have been awarded a total of $250,000 in damages. Continue reading
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