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2001 Communications Law Bulletin Archive    View the full contents for each Publication



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December 1997

Volume 16, Issue 4 1997
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WHY THREE INTO TWO WON'T GO - THE DEATH OF THE GALAXY/FOXTEL MERGER

Alistair Little examines the ACCC's oppposition to the proposed Galaxy/Foxtel merger, and its consequences, in the light of competition law principles and policy.

TIME AND PREJUDICE

Ross Duncan looks at the media reporting of "Dolly" Dunn's discovery, and arrest in Honduras and considers when the right to a fair trial begins for the purposes of Australian contempt law.

MORAL RIGHTS - BEWARE THE WAIVER MONGERS

Simon Lake of the Australian Writers' Guild examines the current proposed amendments to the Copyright Act to introduce moral rights in Australia and argues that the inclusion of waiver provisions is theoretically and operationally flawed.

BUILDING A BETTER INTERNET: THINGS TO LOOK FOR IN A "KILLER APPLICATION"

John Collette pinpoints the 3 attributes which contribute to a successful application - media, networking and processing.

SATTIN AND THE SPECTRE OF MEDIA LIABILITY FOR NEGLIGENCE

Anne Flahvin looks at recent claims in negligence against the media and suggests that even if plaintiffs claiming damage to reputation are confined by Australian courts to an action in defamation, an action in negligence may still be allowed in respect of untrue communications which are not defamatory but cause a plaintiff economic loss.

TELECOMMUNICATIONS ACCESS - A VIEW FROM THE ACCC

At a recent ATUG corfference the Director of Telecommunications at the ACCC, Rod Shogren, reflected on some of the major issues under the new telecommunications regime.

MEDIA POLICY AND ANTI-SIPHONING - PART TWO

Joanne Court of FACTS responds to Brendan Moyhin's argument in Part l of this series (CLB, Vol 16 No 3 1997) that the anti-siphoning provisions oftbe Broadcasting Services Act 'operate unfairly in favour of free-to-air broadcasters without providing any consequent benefit for consumers'.


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September 1997

Volume 16, Issue 3 1997
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CONSTITUTIONAL DEFAMATION DEFENCE DISAPPEARS AS THE OPHANOUS EFFECTIVELY OVERRULED

Richard Potter examines the recent High Court decision in Lange v ABC and its impact upon constitutional and qualified privilege dcfences.

DIANA, PRIVACY AND MEDIA CORPORATIONS

Kathe Boehringer examines the role of media corporations in the context of invasive media practices and proposes new models of corperate governance to raise corporate and individual responsibility.

LIABILITY FOR INLINE IMAGES- HOW AN ANCIENT RIGHT PROTECTS THE LATEST IN NET FUNCTIONS

Kate Cooney examines copyright liability for inlining images and how copyright protection and liability have been extended in cyberspace.

DIGITAL TERRESTRIAL TELEVISION - IMPLICATIONS FOR AUSTRALIAN TELEVISION

Jock Given looks at some practical and policy considerations behind the introduction of digital terrestrial television in Australia and explains why bandwidth is the villain of the piece.

TELSTRA V APRA - IMPLICATIONS FOR THE INTERNET

Simon Gilchrist examines the recent High Court decision and the implications for Intcrnct service providers in terms of their liability for infringement of copyright on-line.

TV OR NOT TV? WHAT THE INTERNET IS NOT

John Colette explores the commercial viability of the move to "video-on-the-Net" and the misconceptions behind it.

CANWEST'S CONTROL OF TEN

John Corker reports on the Federal Court's first decision under the Broadcasting Services Act 1992 that deals with the concept of control of a broadcasting licence.

MEDIA POLICY AND ANTI-SIPHONING

Brendan Moylan analyses the current legislative and policy regime concerning anti-siphoning and explains why it is unfair on pay TV operators and in need of substantive reform.


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May 1997

Volume 16, Issue 2 1997
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THE SUPREME COURT'S RULING ON THE COMMUNICATIONS DECENCY ACT:

A VICTORY FOR FREE SPEECH

John Corker and Pauline Saia examine Reno v ACLU.

SELF-REGULATION V CENSORSHIP - ISPs AND INTERNET CONTENT LEGISLATION IN AUSTRALIA

Andrew Lambert looks at the different approaches taken at a State and Federal level with regard to the censorship of on-line content and some of the implications for IPSs.

VICTORIAN INTERNET CENSORSHIP LEGISLATION - IS IT CONSTITUTIONALLY VALID?

Tracy Francis examines Victorian on-line censorship legislation and questions its constitutionality in light of the High Court decision in Lange v the ABC.

DEVELOPING MEDIA INDUSTRIES OF THE FUTURE? TELECOMMUNICATIONS AND THE NEW MEDIA

John Colerte examines the way in which telecora, film and software companies are attempting to use old media concepts to exploit a new medium - and failing.

ELECTRONIC COMMERCE TODAY AND TOMORROW

An extract from the address by JoAnn Patrick Ez2ell, President, AT & T Online Services, 4 July 1997 to Tradegatc and ECA members. It examines the likely future development of electronic comraerce and elements that drive and shape its evolution.

RECENT CASES ON ADVERTISEMENT OF "FREE" ITEMS BY TELECOMS OPERATORS

Dr Warren Pengilley looks at comparative advertising and the advertising of "free items" and what we can learn from recent cases on advertising by telecoms companies.

SEX LIES AND OTHER SECRETS - THE MEDIA AND CONFIDENTIAL INFORMATION

Jason Macarthur outlines the principles of confidential information and some practical implications for the media in Australia.

INTERNATIONAL ELECTRONIC MONEY SYSTEMS AND MONEY LAUNDERING

Brent Fisse and Peter Leonard look at Net Smurfing and other emerging regulatory challenges from electronic payment

technologies.


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March 1997

Volume 16, Issue 1 1997
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COPYRIGHT, HYPERLINKS & NETWORKED INFORMATION RESOURCES - CHANGING THE CONTOURS OF INTELLECTUAL PROPERTY LAW

Tamir Maltz won the 1996 CAMLA Essay Prize with this analysis of the copyright issues arising from the use of hypeflinks on the World Wide Web.

TELECOMMUNICATIONS POST JULY 1997 - ATUG'S VIEWS ON THE NEW LEGISLATIVE REGIME

Jane Forster outlines the views of the Australian Telecommunications Users Group (ATUG) on the new telecommunications regulatory framework.

PRIVACY: ARE THE MEDIA A SPECIAL CASE?

Jennifer Mullaly argues that finding the balance between the media's dissemination of information to the public and individual privacy requires the media to assume a dominant role in education and standards for its members.

AUSTRALIA'S TREATY OBLIGATIONS AND THE BROADCASTING SERIVICES ACT 1992

Cathy Bishop discusses the impact on the ABA's functions of Australia's international obligations under the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Rights of the Child.

THE NEW FAIR TRADING CONDITION IN BRITISH TELECOMS' LICENCE

Christina Hardy provides an update on telecommunications regulatory developments in the United Kingdom.

PROJECT BLUE SKY: ABA WINS CONTENT APPEAL

Lesley Osborne and Cathy Bishop outline developments in the Project Blue Sky litigation.

COPYRIGHT REVIEW: A NOTE ON THE FORMATION OF AN INTERDEPARTMENTAL COMMITTEE TO DEAL WITH THE ISSUES OF COLLECTING SOCIETIES

1997 CAMLA ESSAY PRIZE

APPLICATIONS FOR CLB EDITOR


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