No comment? Potential liability for third party Facebook comments following the "Voller" judgment
In its recent decision in Voller the Supreme Court of New South Wales has established that media organisations may be liable as publishers of defamatory comments made by third parties on their public Facebook pages.
Offers of settlement and costs implications in defamation proceedings
Amidst the anticipation of the verdict in defamation trials, little publicity is given to the issue of costs. However, the issue of costs should not be overlooked – as will be discussed, a party’s conduct leading up to and during the proceedings may influence the type of costs orders which are made and therefore the amount of costs they pay.
Gambling Law & Regulation Newsletter - December 2018
Welcome to the December 2018 edition of the Addisons Gambling Law & Regulation Newsletter.
This newsletter contains Focus Papers published recently by Addisons concerning various issues relating to gambling regulation in Australia and recent developments that are likely to have an impact on the gambling sector during 2019.
Federal Court smiles at Telstra’s “I Go to Rio” advertising campaign
The Federal Court of Australia has dismissed an application brought by the Australian Olympic Committee (AOC) who claimed that a series of Telstra advertisements falsely or misleadingly suggested that Telstra was a provider of sponsorship or sponsorship-like support for the upcoming Rio Olympic Games.
A less restrictive ‘muzzle’ on the free press? INSLM recommends amendments to s 35P of the ASIO Act
The Independent National Security Legislation Monitor (INSLM) this week has recommended changes to the operation of section 35P of the ASIO Act which was introduced in 2014 and created criminal offences carrying sentences of up to 10 years imprisonment for persons who disclosed information that “relates to a special intelligence operation [“SIO”]”. (See excerpts of the section below).
New Zealand - Review of Offshore Online Betting Regulation
Recently, New Zealand announced a review of its legal approach towards online betting services provided by offshore operators to New Zealand residents. This announcement was made on 16 April 2015 by New Zealand’s Racing Minister, Nathan Guy. The review is to be conducted by a Working Group in accordance with specified Terms of Reference.
The Good, the Bad and the Libellous – An overview of legal issues concerning online product and service reviews
Online review platforms – websites that provide information about products, services and businesses based on consumer-experiences – are on the rise. So too is the reputational risk which may result from the publication of negative reviews.
Pranked! High Court hangs up on 2Day FM: ACMA can determine whether broadcasters engage in criminal conduct
Today’s unanimous High Court of Australia decision (a joint judgment of French CJ with Hayne, Kiefel, Bell and Keane JJ; and a separate judgment by Gageler J) allows the Australian Communications and Media Authority (ACMA), a non-judicial body, to impose enforcement action, including penalties, on broadcasters for committing a criminal offence.
The trade mark that stops an ad campaign? IP and related issues in marketing by bookmakers
A website is devoted to retired racehorse Black Caviar where roses, horse-care products and a range of merchandise may be purchased – all bearing the famous mare’s trade marked name or racing silk design.
Attack of the Drones: trespass, safety and privacy risks involved in the newest form of flight
In Australia as well as overseas, the popularity of small, unmanned, remotely piloted aircraft (often quad-copters or similar) with capabilities including carrying cameras – ‘drones’ – is booming. Drones are available at various prices, with greater or fewer technical capabilities accordingly.
Freedom of search results: Google and others not liable for defamatory search results, at least until they are put on notice
The Supreme Court of New South Wales has significantly limited the liability of search engines, such as Google, for any defamatory ‘publication’ which arises from an automatically generated search result on the site. In doing so, the Court has declined to follow an earlier Victorian decision and instead favoured a series of English cases concerning defamatory search results.