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.
Are media companies responsible for defamatory Facebook comments made by third parties? NSWSC to decide in 'novel' case
The New South Wales Supreme Court is currently considering whether media companies who operate Facebook pages are liable for defamatory comments left on their posts. In doing so, the Court will look at competing authorities from interstate and overseas in order to decide whether such comments are “published” by the companies merely by virtue of the fact that the content has appeared on their social media feeds.
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.
Google search for defamation: High Court says plaintiffs can sue
The High Court has paved the way for an individual to sue Google for allegedly defaming him in a series of search results and auto-complete phrases.
Gambling Law & Regulation Newsletter December 2017
Welcome to the December 2017 edition of Addisons Gambling Law & Regulation Newsletter.
Gambling Law & Regulation Newsletter August 2017
Welcome to the August 2017 edition of Addisons Gambling Law & Regulation Newsletter. This Newsletter is produced in advance of the 2017 Australasian Gaming Expo and the further consideration by the Australian Senate of the Interactive Gambling Amendment Bill which, if passed, will represent the most significant change to Australia’s regulatory regime related to online gambling since the law came into force in 2001.
Gambling Law & Regulation - September 2016
Welcome to a bumper issue of Addisons’ latest Gambling Law & Regulation Newsletter.
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).
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.
The Right to be Forgotten: Search engines operating in Europe required to remove aged information
The European Union Court of Justice has ruled that national authorities in the European Union can force search engines, such as Google, Yahoo and Bing, to remove webpages from its search results, regardless of whether the information on the webpage itself is lawful, on the basis that an individual has the “right to be forgotten”.
Seven News successfully appeals ACMA decision. Confirms that commercial broadcasters are free to report on tobacco related issues provided they do not intend to publicise or promote smoking or tobacco products
The Full Court of the Federal Court of Australia today has reversed an earlier judgment in support of the Australian Communications and Media Authority’s (ACMA’s) decision that Seven News had broadcast a report in contravention of the Tobacco Advertising Prohibition Act 1992 (Cth) (TAPA) and therefore breached the terms of its licence granted under the Broadcasting Services Act 1992 (Cth) (BSA).
The ACMA loses its battle over 2DayFM’s prank call: The Full Court of the Federal Court of Australia holds that the ACMA has no power to decide whether or not a broadcaster has committed a criminal offence
The Full Court of the Federal Court of Australia today has reversed an earlier ruling which had empowered the Australian Communications and Media Authority (ACMA) to investigate and decide whether a broadcast licensee has committed a criminal offence and therefore breached a licensing condition under the Broadcasting Services Act (Cth) (BSA).
Failure to update online publications can prove costly when circumstances change: UK Court awards £60,000 payable by the Times Newspaper
A recent UK High Court decision illustrates how a news report which may be defensible at the time it was first published can lose the benefit of that defence over time if it remains available on line. The case also indicates how a publisher’s interaction with a defamation plaintiff can increase the sum of damages awarded.
Celebrities, Social Media and Copyright: Tarantino and Prince sue online infringers
Two recent copyright infringement cases coming out of the US show that celebrities are taking their online rights seriously but nevertheless remain at the mercy of their social media fan base.
Online guarantees: ACCC releases guidelines for businesses and online review platforms addressing fake, incentivised and misleading reviews
Consumer confidence in online information is at the centre of guidelines recently released by the Australian Competition and Consumer Commission (ACCC) for reviews for businesses and consumer review platforms (Guidelines). The Guidelines are a response to the ACCC’s concerns regarding the increase in paid for and fake reviews and testimonials which can mislead consumers who are becoming increasingly reliant on online reviews for goods and services.
Gambling Law & Regulation - December 2013
Welcome to our December 2013 Gambling Law and Regulation Newsletter.
In this Newsletter, we cover some of the developments that have taken place throughout the last few months of 2013.
Federal Court of Australia Sharpens the ACMA’s Teeth: The Legitimacy of the ACMA’s Power to Investigate Potential Criminal Offences in the Absence of any Criminal Prosecution has Been Confirmed in the Case of 2DayFM’s Prank Call Recordings.
The Federal Court today has ruled that the powers of the Australian Communications and Media Authority extend to investigating into and deciding whether a licensee has committed a criminal offence and therefore breached a licensing condition under the Broadcasting Services Act (Cth). The Federal Court has found that such an investigation does not involve any determination of the licensee’s criminal guilt or liability and is therefore not an improper use of the ACMA’s powers and does not amount to the exercise of judicial power contrary to the Constitution.
Gambling Law & Regulation - August 2013
Welcome to the latest issue of Addisons’ Gambling Law & Regulation. This Newsletter is timed to coincide with the Australasian Gaming Expo and Gaming, Racing and Wagering Australia 2013.
iiNet first Listed Company to pay Infringement Notice for Advertising Breach
Telecommunications company iiNet last week became the first publicly listed company to pay an infringement notice penalty issued by the ACCC for an alleged contravention of the Australian Consumer Law. The infringement notice, in the amount of $102,000 was issued in response to iiNet’s advertising campaign for its Naked DSL service.
“No Deal: Kakavas Loses High Court Appeal”
Yesterday, the High Court of Australia, in a unanimous joint judgment, dismissed an appeal brought by ‘high roller’ Harry Kakavas who sought to recover over $20 million in losses from Crown Casino incurred whilst gambling at the casino in Melbourne.
Hot off the Press: the Federal Government announces reforms to Media Industry
The Federal Communications Minister, Stephen Conroy, yesterday announced the Government’s long-promised suite of reforms to media regulation.
Getting the Deal Through
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2013
Gambling Law & Regulation - August 2012
This issue of Addisons’ Gambling Law & Regulation newsletter is issued in connection with the Australasian Gaming Expo and Gaming, Racing and Wagering Australia 2012 Conference.
Gambling Law & Regulation - April 2012
This is an expanded edition of Addisons’ Gambling Law & Regulation Newsletter. It contains articles on current gambling issues, ranging from summaries of the current position relating to the regulation in Australia of pre-commitment in connection with gaming machines to the aftermath of last week’s High Court decisions relating to the constitutional validity of the race fields regime.
Competition & Consumer Quarterly
In this edition:
* Food Industry Beware - ACCC drawn to misleading and deceptive conduct like a bee to honey
* Federal Court decision on search engine marketing: sponsored links may be misleading but advertisers have only themselves to blame
* Slimming spray sales representations stopped overseas
Knock, knock. Who's there? - ACCC imposes infringement notices and accepts undertaking from a door-to-door sales company in respect of misleading representations made during in-home presentations
* ACCC issues surprising statistics about the first six months of the new mandatory reporting requirements under the product safety provisions of the Australian Consumer Law
Gambling Law and Regulation - September 2011
In this edition:
* High Court Appeals in Sportsbet and Betfair
* Taxation Commissioner Ordered to Pay Multimillion Dollar Refunds to Australian Wagering Operator: Could You Benefit from the Federal Court Ruling Too?
* Federal Court Rules in Favour of Betbox: The End of Retail Exclusivity?
* DBCDE Reviews the IGA: Will the Federal Government Change the Law on Online Gaming?
* NSW Law Reform Commission Proposes New Laws on Cheating in Sport
* Copyright in Databases: Australia's High Court Refuses to Grant Telstra Special Leave. What does this Mean for Wagering Operators?