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.
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.
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.
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.
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?