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.
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.
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.
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).
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.
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 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.
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.
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.
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.
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.