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.
The High Court Google Search Result: Google is not liable for Misleading or Deceptive Sponsored Links
In its first judgment of the year, the High Court of Australia this morning unanimously allowed an appeal brought by Google against a decision of the Full Court of the Federal Court.
The Tweet Stops Here: US Court Determines that Users own their Tweets and Third Parties copy them at their Peril
A US court has recently held two media organisations, Agence France Press (“AFP”) and The Washington Post, liable for copyright infringement for the unauthorised use of images which had been uploaded by a photojournalist onto his Twitter account. The photographer also has a claim against Getty Images which will be heard, along with some aspects of the claim against AFP and The Washington Post and determined by a jury at a later date.
PM all a-Twitter... Federal Government Announces Agreement with Major Social Networking Sites on Cyber Bullying
Earlier today, the Federal Government announced that it had established a protocol targeting online anti-social behaviour such as cyber-bullying and “trolling”.
Royal Invasions: A Forum to Consider Australia’s Laws Relating to Breaches of Privacy
The Royal Family are rarely far from the front end of a news bulletin and 2012 has proved no exception. It was not all that long ago that the publication of compromising photos of a ‘festive’ Prince Harry in Las Vegas raised for discussion the privacy rights of individuals, involving members of the Royal Family.
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.
High Court Googles Itself: Google Granted Special Leave to Appeal Finding That it is Liable for Misleading Search Results
The High Court of Australia today has granted special leave to Google, Inc to appeal the decision of the Full Court of the Federal Court which found Google liable for publishing misleading search engine results.
Sub Judice Contempt 2.0: When and How a Court May Make Orders Requiring Online Content Hosts to Remove Material From Their Websites in Order to Prevent Prejudice to the Administration of Justice
In its judgment delivered this week in Fairfax Digital v District Court the New South Wales Court of Criminal Appeal explored the limits of orders made under section 7 of the Court Suppression and Non-Publication Orders Act on the grounds set out in section 8(1)(a), namely that such an order is necessary to prevent prejudice to the proper administration of justice.
Convergence Review: Delivering Single Platform Simplicity or Simply More Regulation Under a Different Name? - Summary of the Final Report of the Convergence Review Committee
On 30 April 2012, The Australian Government publicly released the Final Report of the Convergence Review. After considering in excess of 340 detailed submissions, participating in public forums across Australia and meeting with media industry representatives, the Convergence Review Committee has proposed fundamental changes to how the Australian media is regulated as it moves further into the digital age – the so called age of convergence.
Optus TV Now No More: AFL and NRL Copyright Appeal Succeeds
The Full Federal Court has overturned the decision of Justice Rares delivered on 1 February 2012 which legitimised the time shifting recording technology used by Optus’ “TV Now” service. TV Now allowed Optus subscribers to record and watch free to air television coverage on their mobile and other devices.
ACMA’s Ruling on Kyle Sandilands – Toothless Tiger or the Kitten Who Roared?
Last week, the Chairman of the Australian Communications and Media Authority (ACMA), Chris Chapman, took the unusual step of holding a press conference to announce the findings of the ACMA’s investigation into complaints made about on air comments broadcast by Kyle Sandilands on 2DayFM in November 2011. The ACMA found that the licensee of 2DayFM had breached clause 1.3(c) of the Commercial Radio Codes of Conduct which requires the licensee not to broadcast content which would offend generally accepted standards of decency. The ACMA found that Sandilands’ comments about a female journalist, including calling her a “fat slag” and saying “watch your mouth or I’ll hunt you down” were deeply derogatory, offensive and out of line with community standards. However, the ACMA investigation found that the comments did not breach other provisions of the code relating to inciting contempt or serious ridicule on the grounds of gender, or inciting violence.
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.
Federal Court decision on search engine marketing: sponsored links may be misleading but advertisers have only themselves to blame
On 22 September 2011, Nicholas J in the Federal Court of Australia handed down his long awaited decision on search engine marketing in Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd  FCA 1086.
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?
Going private: Government releases Invasion of Privacy Issues Paper
On Friday, 23 September 2011 the Department of the Prime Minister and Cabinet (PMC) released an Issues Paper, A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy (Issues Paper), inviting submissions to assist the Commonwealth Government for its pending consideration of whether a statutory cause of action, that is, a right to sue, for breach of privacy should be introduced in Australia.
English Court of Appeal the Sub Editor’s friend - A Finding in favour of copyright in newspaper headlines
The recent decision of the English Court of Appeal in Meltwater Holdings BV & Ors v Newspaper Licensing Agency & Ors  EWCA Civ 890 indicates a more generous attitude by the British Courts towards the authors of newspaper headlines than has recently been the case in Australia.
Rights and reputation in product look and feel - Full Federal Court finds that the sale of similar looking coffee plungers is misleading and deceptive and constitutes passing off
Owners of distinctive and well known homewares and similar products can take great comfort from this month’s Full Federal Court decision in Bodum v DKSH Australia Pty Limited  FCAFC 98.
Australia – Trade Marks - Protecting Intellectual Property: Seizure by Australian Customs of Goods that Infringe Australian Trade Marks
Counterfeit goods are becoming available increasingly in many jurisdictions around the globe, including Australia, thereby depriving rights owners of significant income derived from their creative endeavours. In many circumstances, goods are brought into Australia without regard to Australian intellectual property rights. For Australian trade mark owners, a simple procedure is available under the Trade Marks Act which provides a practical and useful avenue to protect their trade marks. This involves working with the Australian Customs Service (Customs) to seize potentially infringing goods upon importation.