What is the Communications Law Bulletin?

The Communications Law Bulletin (CLB) discusses a wide range of communications law and policy issues and is distributed in hard copyand/or email to members as part of their membership.

Authors regularly include communications and media lawyers, industry representatives, academics, policy experts and law students.

Contributions and comments to the CLB are sought from members of the public including features, articles and case notes. We have a flexible word limit but most articles are about 1000-1500 words. Please send all contributions and comments to clbeditors@gmail.com

Past issues of the CLB are being progressively loaded onto this site and will be accessible here except for the four most recent issues.

PUBLISHED
OVERVIEW
DOWNLOAD

May 2017
Volume 36, Issue 2, 2017
Download not available

Melania Trump, Her Husband and US Defamation Law
Matthew Richardson, Barrister at Level 6 St James Chambers, and Joy Guang Yu Chen
offer some insights into US defamation law as pursued by the Trump family.

Defamation, Online Communication and Serious Harm: An Alternate Approach
Tom Davey examines how the law of defamation is challenged in the online space and proposes a solution.

Tell Them They’re Dreaming - Media Defendants and the Defence of Triviality
Katherine Giles looks at the defence of triviality, and whether much has changed in the 40 years since Morosi v Mirror Newspapers Ltd.

Profile: Larina Mullins, Senior Litigation Counsel at News Corp Australia
CAMLA Young Lawyers representative, Katherine Sessions, caught up with Larina Mullins,
Senior Litigation Counsel at News Corp Australia to discuss working in-house at a major Australian news organisation.

Journalism, The Arts and Data Protection: The Potential Reach of the Privacy Act
Sally McCausland considers the application of data protection laws to media and arts content in Australia and the United Kingdom. She raises the possibility that a person aggrieved by the use of their personal information in media, artistic or literary content may seek relief under the Australian Privacy Act.

Free Speech Developments in the US – A Discussion with the Dean of Yale Law School
Professor Robert C. Post, Dean of Yale Law School, is widely regarded as one of the foremost scholars on the First Amendment and US constitutional law, legal history and equal protection. His writings are frequently cited in judgments, including by the Supreme Court, and the books he has authored, including the recent Citizens Divided: A Constitutional Theory of Campaign Finance Reform (2014), have had tremendous impact on free speech discourse in the United States. Dean Post sits down with co-editor, Eli Fisher, to discuss recent developments in free speech, especially in light of a new administration and newly constituted Supreme Court.

Does the Border Force Act Inhibit Free Speech and Media Communication?
2017 CAMLA Essay Competition Winner, Jade Standaloft considers the restrictions on free expression imposed on the refugee regime in Australia under the Border Force Act 2015 (Cth) and how they may be reduced.

Honest Opinions - Are They Still Defensible?
Richard Potter, barrister at Ground Floor Wentworth Chambers, considers the defence of Honest Opinion.

Free Speech and Protecting Journalists’ Sources: Preliminary Discovery, the Newspaper Rule and the Evidence Act
Patrick George, Partner at Kennedys, considers recent developments in the protection of journalists’ sources.

Music Piracy Siteblocking Injunction Granted
Eli Fisher, Senior Associate at Banki Haddock Fiora and co-editor of the Communications Law Bulletin,
comments on the recent music piracy siteblocking application.

April 2017
Volume 36, Issue 1, 2017
Download not available

SPECIAL REGULATORY EDITION

Is It Really All About You?
Privacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4
By Tim Brookes, Sophie Dawson, Clare Doneley and Jessica Norgard (Ashurst)

Telecommunications - A Regulatory Stocktake…
Dr Martyn Taylor (Norton Rose Fulbright) provides an overview of developments in telecommunications regulation in 2016 and what we can expect in the remainder of 2017.

Disclosing Privileged Documents to Regulators
Alex Cuthbertson, Partner, Monisha Sequeira, Senior Associate, and Alex Lee, Lawyer (Allens) report on the Cantor v Audi decision.

An Update on the Activities of the Australian Press Council
Antonia Rosen, a media lawyer at Banki Haddock Fiora, sits down with Professor David Weisbrot,
Chair of the Australian Press Council, to discuss developments in the regulation of Australian media

The Hare or the Tortoise - Is the Law Keeping Up With the Telecommunication Sector’s Blistering Pace of Change?
Thomas Jones and Michael Joffe of Corrs Chambers Westgarth take a look.

Site Blocking Case Handed Down: Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503
Simone Blackadder and Andrew Stewart (Baker McKenzie) report on the recent site blocking decision of the Federal Court of Australia in Roadshow Films v Telstra.

Selling on Social
By Emma Dowsett, Lawyer, and Rebecca Dunn, Special Counsel, Gilbert + Tobin

Profile: Ed Santow, Human Rights Commissioner, Australian Human Rights Commission
CAMLA Young Lawyers Committee Chair, Sophie Ciufo, caught up with Ed Santow, Human Rights Commissioner
at the Australian Human Rights Commission, to discuss his views on key human rights issues such as freedom of speech and communication.

OPINION: Law Reform Should Protect, Not Harm, Creators
In light of the recently released report into Australia’s intellectual property arrangements by the Productivity Commission, Eli Fisher (Banki Haddock Fiora) argues that copyright law reform should protect, not harm, creators.

Challenges in Media Regulation
On 9 November, Richard Bean, Acting Chairman of ACMA spoke to CAMLA members and guests in Sydney about some of the challenges in media regulation.

Report - CAMLA Seminar -“Fair Use, Flexibility, Innovation and Creativity”
By Ashleigh Fehrenbach, Associate, MinterEllison