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
Download not available

May 2017
Volume 36, Issue 2, 2017

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.

Download not available

April 2017
Volume 36, Issue 1, 2017

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

Download not available

December 2016
Volume 35, Issue 4 2016

SPECIAL SPORTS EDITION:

Riding the Technology Wave: Some Insights from Australian Sailing’s Vice-President Sarah Kenny
Victoria Wark, co-editor of the Communications Law Bulletin and formerly Senior Legal Counsel at the LOC AFC Asian Cup Australia 2015 chats to leading sports lawyer and Vice-President of Australian Sailing, Sarah Kenny, Consultant, Herbert Smith Freehills

Sport Sponsorships and Ambush Marketing: How to Avoid the Ambush
Stephanie Favotto and Julie Cox consider the protections available to official sport sponsors in Australia, including creative contractual provisions.

Case Update: Australian Olympic Committee, Inc. v Telstra Corporation Limited [2016] FCA 857
Martin Ross, Partner, Mark Lebbon, Senior Associate and Todd Bromwich, Law Graduate, Hall & Wilcox

Taking the Squeeze Out of the Press
William Duff surveys the state of Australian defamation law post-Lange and American jurisprudence. He considers what changes to Australian defamation law may be desirable to protect freedom of expression in the public sphere.

The Fourth Estate is Under Attack And Defamation Law is Not Helping
By Rachel Baker, Ashurst

Stalemate Over Chess Broadcast Rights
Tom Platt looks at an interesting copyright issue arising from the commercialisation of the burgeoning sport of professional chess.

Profile: Eleni North
General Counsel and Company Secretary of the Australian Rugby League Commission
CAMLA Young Lawyers representative, Danielle Slim, recently spoke to Eleni North about her roles at the Australian Rugby League Commission and the negotiation of large broadcasting deals for sporting leagues.

Social Media, Sports Stars and Celebs
Some Tips and Traps by Marlia Saunders and Sophie Dawson, Ashurst

On the Offensive: How Disruptive Technologies are Changing the Business of Sport
By Marlia Saunders and Anita Cade

Download not available

September 2016
Volume 35, Issue 3 2016

An Update on Privacy Tort Reform with Professor Barbara McDonald
Interviewed by Tim Senior, Lawyer, Banki Haddock Fiora.

Cyber Resilience: Managing Cyber Risk for Sustainable Prosperity
David Gerber, Partner and Lachlan Gell, Lawyer, Clayton Utz consider ASIC’s recent focus on cyber risk management and cyber resilience.

Developments in Data Driven Law:
A Discussion With Peter Leonard, Partner, Gilbert + Tobin.
Interviewed by Eli Fisher, co-editor.

Battle of the Drones - Legal Issues for High Flyers
By Sophie Dawson, Partner and Daniela Lai, Lawyer, Ashurst

Blockchain and Smart Contracts: The dawn of the Internet of Finance?
By Matthew McMillan, Partner and Ken Wong, Lawyer, Henry Davis York

The Types of Telecommunications Device Identification and Location Approximation Metadata:
Under Australia’s Warrantless Mandatory Metadata Retention and Disclosure Laws

By Stanley Shanapinda, Ph.D. Candidate, UNSW SEIT (ACCS, UNSW Law, D2D CRC)

The Complex Web: The Global Network, Snowden, Safe Harbours, Shields and the GDPR
By Daniel Cater; BNSc (Dis), Juris Doctor (Hon), Phd student UNSW

Profile: Sally McCausland
Owner of McCausland Law and Senior Fellow in the University of Melbourne law masters
Interview by Leah Jessup, Ashurst and CAMLA Young Lawyer’s Committee

Peek at You: Pokémon GO and Capturing Player Data
By Harry Knight, Solicitor, Banki Haddock Fiora

6 Cyber Security Standards You Need to Know About if You Are a Company Director or Board Member with 6 point security checklist
Sean Field, Special Counsel, Maddocks, provides an overview of the cyber security standards that all Company directors and officers should know about.

Privacy, Data & De-identification
Acting Information Commissioner Timothy Pilgrim’s speech to CeBIT in Sydney earlier this year.

VALE Gae Pincus
CAMLA was very sad to hear of the death of Gae Pincus who passed away on Sunday 7 August 2016.
Ros Gonczi remembers an enormous contributor to the work and early success of CAMLA.

 

June 2016
Volume 35, Issue 2 2016

SPECIAL COPYRIGHT EDITION

Copyright Developments in the Online Space
Eli Fisher, lawyer and co-editor of the Communications Law Bul­letin, moderates a discussion be­tween two of the most prominent voices in the Australian debate about copyright policy in the on­line space. Laurie Patton CEO of Internet Australia, and Jonathan Carter President of the Copyright Society of Australia and General Counsel of the Australian song­writers and music publishers’ col­lective, APRA AMCOS.

Is Sports Clip Sharing Legal in Australia? Applying the UK Fanatix Decision
Sally McCausland considers the implications of a UK copyright decision for Australian sports media.

Copyright and Social Media
Rebecca Dunn, Peter Pereira and David Krasovitsky provide some high level observations about copyright subsistence and infringement in the social media environment.

Summary note on the Productivity Commission’s Intellectual Property Arrangements Draft Report By Michael Williams and Xavier Fijac

500 Versions of Software and the Subsistence and Infringement of Copyright – The Full Court’s Decision in JR Consulting v Cummings
Anna Spies, King & Wood Mallesons, takes a look at the recent Full Federal Court decision in JR Consulting v Cummings and navigates a path through the vexed issue of subsistence of copyright in software releases.

After DBC: Can Piracy Be Curbed Outside of the Court?
Adrian Dean takes a look at the landscape post Dallas Buyers Club.

Profile: Nicholas Cole, Legal Practitioner Director of Cole Media & Entertainment Law and Producer at Talk Films
CAMLA Young Lawyers representative, Betheli O’Carroll speaks to Nicholas Cole about his roles at Cole Media & Entertainment Law and Talk Films, as well as his predictions for the media and entertainment industry
.

March 2016
Volume 35, Issue 1 2016

In this issue:

New Commercial Television Industry Code of Practice
Clare O’Neil provides an overview of the new commercial television industry code.

If A Contract Granting an Intellectual Property Licence is Terminated,
Can the Licensee Continue to Use the IP?

Timothy Webb provides some helpful tips for businesses and their lawyers negotiating IP licences including that parties should consider clearly documenting in the agreement what should happen to an IP licence if the agreement is terminated.

Profile: Geoff Hoffman, Partner at Clayton Utz and CAMLA President
CAMLA Young Lawyers representative, Alexandra Gilbert, recently caught up with Geoff Hoffman, to discuss his role as Partner in Charge of Clayton Utz Sydney and his visions for CAMLA.

Security Law Watchdog Recommends Relaxing Secrecy Provisions for Journalists
Adam Zwi considers a report looking at the impact on journalists of section 35P of the ASIO Act.

Publication and Constructive Knowledge: Jurisdictional Divergence in Australia
CAMLA Essay Competition Winner, Joel Parsons considers innocent dissemination,
the different judicial treatment of constructive knowledge and the implications for social media users.

What Changes to Australia’s Media Ownership Laws are Being Proposed?
Associate Professor Timothy Dwyer, University of Sydney provides an overview of the recently proposed changes to Australia’s media laws.

January 2016
Volume 34, Issue 4, 2016

Copyright in a Meme
Ryan Grant considers what copyright exists in a ‘meme’ and whether its author has any protection under Australian copyright laws.

Internet of Things - Is it Hype or the Next Big Thing? Part II
James Halliday and Rebekah Lam provide the second and final instalment in a two–part series which examines the legal and policy implications of the Internet of Things (IoT).

Profile: Christina Allen, General Counsel of Fox Sports Australia
CAMLA Young Lawyers representative, Eli Fisher, catches up with Christina Allen, to discuss her role as General Counsel of Fox Sports Australia and her views on the key issues facing the industry.

Punting on the Law: In Play Betting
Martin Ross and Mark Lebbon provide an overview of the operation of the Interactive Gambling Act 2001 (Cth) and
consider the scope of the recently announced review into the Act and the implications for online in play betting.

Download not available

November 2015
Volume 34, Issue 3 2015

New Mandatory Data Retention Laws: An Overview
Gordon Hughes and Kanin Lwin provide a high level overview of the new data collection and retention laws and consider its implications on the regulation of personal information under the Privacy Act 1988.

Internet of Things - Just Hype or the Next Big Thing?
In a two part series James Halliday and Rebekah Lam take a considered look at the phenomenon of, and regulatory and policy issues that apply to, the Internet of Things. In this part they discuss the implications for the communications and content industries including what IoT means for the net neutrality debate in Australia.

Profile: Lynette Ireland, Chief General Counsel of Foxtel
CAMLA Young Lawyers representative, Maggie Chan, recently caught up with Lynette Ireland, Chief General Counsel of Foxtel, to discuss her role at Australia’s largest subscription television operator, and her views on the key issues facing the industry.

Pulp Non-Fiction
Publishers, pulping and religious insult in India: this paper considers the fraught balance between freedom of speech and sensitivity to religious defamation in India, based on a case study of the legal controversy surrounding the publication of Wendy Doniger’s 2010 book ‘The Hindus: An Alternative History.’

June 2015
Volume 34, Issue 2 2015

*Information Privacy and Big Data: Balancing Governance and Business Innovation
Melissa Liu investigates the adequacy of the Australian privacy framework in dealing with challenges arising from Big Data.

*Net Neutrality – Overseas Experiences and Australia
Byron Frost tackles the debates surrounding net neutrality in key jurisdictions
overseas and the foreseeable implications it could have for Australians.

* Profile: Page Henty, General Counsel, RACAT Group and CAMLA President
CAMLA Young Lawyers representative, Hugh Brolsma, catches up with Page to discuss her role and anticipated trends and challenges in 2015 and beyond.

* Metadata, Privacy and the Right to Personal Information
Tim Brookes, Sophie Dawson and Jessica Norgard explain the recent landmark
privacy determination - Ben Grubb and Telstra Corporation Limited – and its
impact on how metadata and personal information now can be construed.

*Australian Internet Data Collection – Are We Fighting To Protect Privacy Which Is Already Lost?
This article considers the impact of proposed changes to the Australian telecommunications data collection regime and suggests that the benefits of the increased data collection and access powers for government intelligence agencies do not justify the intrusion into private lives of individuals.

*Why Australia Needs Site-Blocking - CAMLA Essay winner
Sadaat Cheema argues that site-blocking would be an effective and proportionate
measure to deal with online copyright infringement in Australia.

 

March 2015
Volume 34, Issue 1 2015

CONTENTS

Media Standards: Some Challenges and Opportunities - Prof Julian Disney AO
On 4 February 2015, the Chair of the Australian Press Council, Prof Julian Disney AO provided this address to the National Press Club.

Case Update: Seven Network Ltd v Commissioner of Taxation
Martin Ross and Mark Lebbon review a recent decision of the Federal Court of Australia which considered whether copyright exists in audio-visual signals of major sporting events.

Enhancing Online Security for Children
Claudia Hall provides an overview of the Enhancing Online Safety for Children Bill and its implications for those services that might be caught in its regulatory net.

Bank Technology Failures: A New Frontier for Regulatory Intervention?
Gavin Smith and Simun Soljo examine the consequences – in the UK and Australia – of a failure by regulated institutions to have adequate systems and controls in place to prevent the occurrence of a serious IT incident.

Profile: Lynette Houssarini, Senior Lawyer Team Leader
Disputes & Training at the ABC

CAMLA Young Lawyers representative, Simone Blackadder, caught up with Lynette Houssarini, a senior lawyer working at the Australian Broadcasting Corporation (ABC), to discuss her extensive role with the national broadcaster and the current challenges faced by the media industry.

 

 

 

Download not available

November 2014
Volume 33, Issue 4 2014

Communications Policy Settings in a Time of Unprecedented Technological Change
In a speech to CAMLA members and guests on 18 September 2014, the Honourable Paul Fletcher Parliamentary Secretary to the Minister for Communications discussed the impact that unprecedented technological change is having on traditional policy assumptions in the communications sector and the policy approaches of the Federal Government to deal with these challenges.

Keeping it in Proportion: Recent Cases on the Implied Freedom of Speech
The implied constitutional freedom of political communication has been continually considered in a range of Australian courts, shifting the consideration of the test established in Lange. Sophie Dawson and Rose Sanderson provide an overview of these developments through an analysis of recent case law.

The New Privacy Act: Six Months On
Nikki Macor Heath gives an update on the activities of the Office of the Australian Information Commissioner (OAIC) and Privacy Commissioner and enforcement of the Privacy Act since the commencement of the reformed legislation.

What’s in a Name? Bloggers, Journalism, and Shield Laws
The High Court of New Zealand recently handed down a decision finding that bloggers can be legally considered as journalists and claim protection for their confidential sources. Hannah Ryan provides a summary of the Court’s decision and compares it with the legislative framework in Australia.

Free Speech and Brown Paper Bags
Kieran Pender surveys the campaign finance regulation landscape in Australia post-Unions NSW v New South Wales and considers the potential impact of forthcoming litigation.

The Taxing Business of Taxing Bitcoin
The Australian Taxation Office recently handed down draft determinations on the tax consequences of the use of Bitcoin in Australia. David Rountree provides an overview of the draft rulings and the implications for domestic businesses operating with Bitcoin.

September 2014
Volume 33, Issue 3 2014

Contents

The ALRC Inquiry into Copyright and the Digital Economy

The ALRC published its report on the inquiry into ‘Copyright and the Digital Economy’ earlier this year. Professor Jill McKeough provided an overview of the ALRC Inquiry at a recent CAMLA seminar addressing the ALRC’s considerations in this crucial report including the key issues, feedback and decisions made through the Inquiry process. This is the edited transcript.

Open Justice versus Suppression Orders: A Battle of Attrition

Larina Mullins considers the impact of recent legislation and court practices in granting suppression orders on the public interest in ‘open justice’.

US Supreme Court Turns Off TV Streaming Service

The US Supreme Court recently handed down its decision in the Aereo case, making the television streaming service illegal under US copyright law. Jesse Gleeson and Flora Ma provide a summary of the Supreme Court’s decision and compare it with the Optus TV Now decisions in Australia.

Profile: Michael Rowe and Tim Holden

Alex Morrissey recently caught up with two experienced lawyers working in sports broadcasting, Michael Rowe and Tim Holden to chat about how they came to work in the area, some key issues facing the industry and some tips for young lawyers wanting to move into sport or media organisations.

Michael Rowe is a senior sports media rights consultant with 22 years’ experience including four years as the Head of Broadcast for the Women’s Tennis Association Tour.

Tim Holden is the Senior Legal Counsel (Commercial) with Football Federation Australia.

June 2014
Volume 33, Issue 2 2014

The “It’s Complicated” Relationship Between Social Media and Australian Copyright Law
Amanda Parks considers copyright laws in the context of social media use and the ALRC’s recommended introduction of a flexible fair use exception.

An Overview of Privacy Law in Australia: Part 2
In the second of a two part special, Peter Leonard provides a thoughtful commentary on privacy reforms. In Part 1 published in the previous edition, he provided a high level overview of the amendments to the Privacy Act 1988 and the new Australian Privacy Principles. In this Part 2, he provides an in depth analysis of Australia’s privacy regime, focusing on the APPs, the regulation of privacy beyond the Privacy Act 1988, issues of extraterritoriality and emerging trends and issues.

Exercising Jurisdiction Over Foreign Corporations: The USA PATRIOT Act and the Extent to Which US Government Law Enforcement Agencies can Obtain Information from Abroad
Ken Wong considers the implications of the PATRIOT Act on the ability of US Government law enforcement agencies to obtain information from abroad.

Profile: Fiona Lang - COO of BBC Worldwide Australia
In a new feature for the Communications Law Bulletin, Daniel Doctor, a member of CAMLA’s young lawyers committee, chats to Fiona Lang, the new COO of BBC Worldwide Australia and New Zealand, about her new role and what she sees as the key challenges and trends in the Australian media industry.

The Deregulation Agenda for Australian Media Ownership: Can Competition do the Heavy Lifting?
In light of recent comments from the Communications Minister, Barry Dean, Jennifer Dean and Shyla Sharma consider the potential impact of reform of Australian media ownership regulation.

March 2014
Volume 33, Issue 1 2014

An Overview of Privacy Law in Australia: Part 1
In the first of a two part special, Peter Leonard provides a thoughtful commentary on privacy reforms. In this Part 1 he provides a high level overview of the amendments to the Privacy Act 1988 and the new Australian Privacy Principles. In Part 2 to be published in the next edition he provides an in depth analysis of Australia’s privacy regime; focusing on the APPs, the regulation of privacy beyond the Privacy Act, issues of extraterritoriality and emerging trends and issues.

Does Australia Need a "Right to be Forgotten"
As issues of internet privacy receive increasing attention around the world, Jarrod Bayliss-McCulloch draws on the experience overseas and explores the tension between the individual’s right to privacy in the online world and the right of third parties to freedom of expression. He considers whether a statutory "right to be forgotten" would be appropriate in the Australian context.

‘Australia’s Privacy Principles and Cloud Computing: Another Way’
Kanin Lwin considers the application of the new APPs to the cloud computing industry.

California Pioneers New Law to Protect Young People from Online Privacy and Advertising Abuses
Dr. Alana Maurushat, David Vaile and Carson Au examine recent reforms to the law in California regarding the privacy of minors and consider whether Australia should enact similar provisions.

October 2013
Volume 32, Issue 4 2013

Consumer Protection Enforcement Update: Spotlight on Telecommunications Industry
Recent regulatory changes have seen a range of new measures introduced to assist consumers in their dealings with telecommunications service providers. Bruce Lloyd, Matthew Battersby and Alexia Takis take a look at the growing willingness of the ACCC and the ACMA to take enforcement action to change advertising, disclosure and sales practices in the industry.

Champing at the Bitcoin: Bitcoin, Regulators and the Law
David Rountree gives an overview of the history of Bitcoin and recent attempts by regulators to deal with this perplexing phenomenon.

Protecting Consumer Data is in Everyone’s Interests
Xavier Fijac considers consumer and private sector interests in the use of Big Data.

What Does the Abbott Government Mean for Online Gambling?
Jessica Azzi considers what the recent Federal election may mean for businesses in the online gambling industry.

The Impact of Social Media in the Workplace: An Employer’s Perspective
Veronica Siow examines the key risks for employers who use social media as part of their recruitment and disciplinary processes.

August 2013
Volume 32, Issue 3 2013

Contents

Social Media: An Update on the "Wild West of Publishing" In Less Than 140 Characters *smiley face*
In a speech to CAMLA members and guests, Matthew Lewis provides an update on recent developments in defamation law in a social media context.

Lost in the Landscape of Australian Privacy Regulation
Peter Leonard shines a light on the regulatory landscape in which privacy professionals and their lawyers have to operate.

The ALRC Proposes Significant Changes to Australian Copyright Law
Michael Lagenheim provides an update on the status of the ALRC’s reform of copyright law in the digital environment.

Privacy and Self-management Strategies in the Era of Domestic Big Data
Xavier Fijac considers the value of a rights-based approach to privacy in the digital age.

May 2013
Volume 32, Issue 2 2013


Update Your Privacy Settings: Privacy Law Reform 2014
In a speech to CAMLA members and guests, the Australian Privacy Commissioner provides an overview of key privacy reforms and an insight into the regulator’s challenges and approach in a new era of privacy regulation in Australia.


Social Gaming and Online Gambling
Stephanie Essey examines the blurring of the distinction between prohibited online gambling and social gaming, and the recently released report proposing measures to address online gambling services.


Google Not Responsible for Third Party Search Advertisements
Andrew Walsh takes a look at the recent High Court decision and what it may mean for search advertising providers and businesses in the future.


The Evolution of Live Streaming
Matthew Tracey examines the treatment by the courts of three online free-to-air television streaming services in Australia, the United Kingdom and the United States of America.

 

 

March 2013
Volume 32, Issue 1 2013

Contents


Talk Back – High Court Weighs in on ‘Reply to Attack’ Qualified Privilege
Sophie Dawson & Ben Teeger take a look at a recent decision by the High Court of Australia which considered the scope of the common law defence of ‘reply to attack’ qualified privilege in respect of defamatory statements made as a form of self-redress.

Telecommunications Data Retention: A Step in the Right Direction?
Lisa Hill and Jessica Childs take a brief look at Australia’s potential telecommunications data retention laws, which may form part of the Government’s next package of reform of national security legislation.


The Courts v Twitter: The Future of Live Court Reporting in NSW
Chris Paver examines the use of Twitter in courtrooms and the challenges posed by social media to the administration of justice.

Striking a Balance: News Regulation in the Digital Age
Jarrod Bayliss-McCulloch sets out an approach to news regulation that balances a variety of competing interests.
 

Anonymity and the Law: “The Darknet Rises”
Felix Ralph examines the challenges that the anonymity of the “darknet” poses for the legal system, copyright holders, the community
and human rights.


The Costs of Data Retention
Nikki Macor considers the implications of proposals for wide-sweeping data retention laws on carriers.
 

October 2012
Volume 31, Issue 4 2012

 

Facebook - Advertiser Liability For User Comments... A Post Too Far?

Linda Luu and Alison Willis consider two recent determinations by the Australian Advertising Standards Bureau concerning the liability for the posting of user comments on an advertiser's Facebook sites.

Regulation in a Converged Environment

Chris Chapman, Chairman and Chief Executive, Australian Communications and Media Authority, delivered the keynote address at the Charles Todd Oration in Sydney, on 30 August 2012.

Towards an Australian Law of Privacy: The Arguments For and Against

David Rolph examines the arguments for and against a statutory cause of action for serious invasion of privacy.

ALRC Inquiry - Copyright and the Digital Economy

Rebecca Sadleir and Hamish Collings-Begg consider the recently released Australian Law Reform Commission issues paper on the use of copyright in the digital economy.

Interception Regulation up for Review

Shane Barber & Lisa Vanderwal examine current proposals for telecommunications interception reform in light of changing technology and threats.

 

 

August 2012
Volume 31, Issue 3 2012

CourtStems Tide of Futile 'King Canute' Order

Sophie Dawson, Ben Teeger & Tanvi Mehta take a look at arecent decision by the Supreme Court of New South Wales (Court of CriminalAppeal) which set aside a 'King Canute' order made in relation to criminalproceedings involving Fadi Ibrahim, Michael Ibrahim, and Rodney Atkinson.

Senate Committee Gives a Free Kick to Anti-siphoning Reform

Victoria Wark and Maryann Muggleston provide an update on thestatus of anti-siphoning reforms.



Copyright Issues in a Converging Media Environment

John Fairbairn examines the impact of media convergence oncopyright law and considers some options for reform.

 

Changes to Interactive Gambling Regulation? It is Anyone's Bet

Niranjan Arasaratnam and a team of lawyers from the Allens TMTpractice group take a look at proposed changes to interactive gambling laws.

 

Tamizv Google - Graffiti on the Wall

Acase note on publication liability in UK defamation law for ISPs hostingdefamatory content, by Henry Fraser.

June 2012
Volume 31, Issue 2 2012

Contents

Making Converged Regulation Possible

Peter Leonard reflects on industry reaction to the Convergence Review Committee's Report and provides some observations about what it says (and does not say) about a shift in the locus of communications policy making and what this means for the industry.

The Convergence Review — Did ISPs and Carriers Get Off Lightly?

Thomas Jones and Jennifer Dean consider the potential implications of the Convergence Review Report for ISPs and telecommunications carriers.

Proposed Changes to Australia's Broadcasting Spectrum Licensing Framework

Joshua Gray examines the recommendations made by the Convergence Review panel in relation to the broadcasting licensing regime.

Content Regulation in Australia — Plus ça Change?

Richard Pascoe takes a look at the recommendations in the Convergence Review final report which affect the regulation of content in a converged media environment.

Competition and Convergence Regulation: Too Much of a Good Thing?

Kon Stellios and Catherine Bembrick consider whether the new regulatory schemes proposed by the Convergence Review in relation to media ownership and control rules and content related competition issues, are necessary and appropriate having regard to the ACCC's existing powers.

Australian Media Ownership Controls: Where to Now?

Dr Martyn Taylor examines the recommendations made by the Australian Convergence Review Committee in relation to the ownership and control of media entities.

Screen Producers Association of Australia Welcomes Convergence Review Recommendations

Owen Johnston, writing in his capacity as a Production Executive at Screen Producers Association of Australia (SPAA), considers the recommendations made in the Convergence Review Final Report from the perspective of content producers, shedding light on some of the potential impacts for that industry.

May 2012
Volume 31, Issue 1 2012

How Do YouSolve the Media Puzzle?

Thomas Jones, Sarah Godden and Lisa Lucak take a look at the report of the Independent Media Inquiry and critically review its recommendations including its justifications for reform.

Face Recognition Privacy in Social Networks under German Law

Yana Welinder examines the Hamburg Data Protection Agency's forthcoming action to show how the German Federal Data Protection Act regulates automatic face recognition in social networks.

Reversal of the 'Optus TV Now' Decision: Triumph for the AFL, NRL and Telstra?

Tureia Sample provides an update on the outcome of the appeal to the Full Federal Court in the Optus TV Now proceedings.

Convergence Review - Wide-Ranging Reform on the Horizon

Ian McGill provides a snappy overview of the Convergence Review Committee's much-anticipated final report and discusses the reforms and the potential implications for media and communications industry participants.

Back Into the Open Sea - US Appellate Court sends Viacom v YouTube Safe Harbour Case back to Trial

Henry Fraser examines the Viacom v Youtube decision and considers its potential implications for carriage service providers In Australia.

FOXTEL Undertakings Allay ACCC's Competition Concerns Over AUSTAR Acquisition

Ross Zaurrini and Ben Teeger take a look at the recent decision by the ACCC not to oppose FOXTEL's acquisition of AUSTAR. This article considers the review of the transaction conducted by the ACCC, the court-enforceable undertakings proffered by FOXTEL and the implications for the subscription television services and telecommunications industries.

Not Quite the End of the Road(Show)? The High Court's Decision In iinet

Wen H. Wu reviews the High Court's decision in Roadshow Films v iiNet and considers its impact on the doctrine of authorisation and its continuing relevance for internet service providers and other internet intermediaries.

Excerpt From 'Networking: Commercial Television in Australia' by Nick Herd

Published by Currency House

Nick Herd has produced a history of commercial television that traces the political and economic development of this important cultural institution from its genesis to the present day. Set out below is an extract from this recently published work. The full work can be purchased from Currency House at http://www.currencyhouse.org.au/node/222.

March 2012
Volume 30, Issue 4 2012

Contents

Cloudy Day for Copyright Control: The 'Optus TV Now' Case and the Battle Between Content Protection and Innovation

Tureia Sample provides an overview of the background, legal issues and implications for participants in the media industry arising out of the recent Federal Court decision in Optus v NRL & Ors.

Convergence Review: An Ambitious Agenda for Overdue Reforms 

Kate Jordan and Toby Ryston-Pratt take a look at the Convergence Review Committee's Interim Report, its implications for the media and communications industry and make some observations about the current recommendations, including proposed changes to media ownership laws.

Holding Back the Tide: King Canute Orders and Internet Publications

Sophie Dawson and Paul Karp consider the treatment and utility of King Canute orders and their implications for internet publishers.

Cloud Computing in the Wake of MegaUploads

Joelle Vincent considers the implications for cloud computing industry following the investigation and shutting down of online storage service provider, MegaUploads.

Spectrum Management and the Future of the 'Sixth Channel'

Sarah Strasser looks at the status of spectrum management in Australia, focusing on the future of the last unallocated channel of spectrum reserved for broadcasting purposes.

 

December 2011
Volume 30, Issue 3 2011

Contents

Privacy Law Reform - Getting the Balance Right

In a presentation to the Communications and Media Law Association on 6 September 2011, Timothy Pilgrim reflected on the statusof privacy law in Australia in the context of the work done by the Office of the Privacy Commissioner and developments in theprivacy law reform process.

How Should Australian Courts Approach the Use of Live Text-based Communications in Court?

 

Steve Hind considers the use of live text-based communications in court, as well as the risks posed and the approaches taken towards it in various jurisdictions.

Museums and Web 2.0: Mission-Driven Approaches, Legal Challenges and New Opportunities**

 

Susan Sheffler examines the integration of Web 2.0 practices by museums and some of the legal challenges they face in digitising their collections.

Personal Privacy Protection in Australia: A Statutory Solution

 

Henry Fraser and Rowan Platt examine the proposal made by the ALRC and recently addressed in the Government's Issues Paper for the introduction of a statutory cause of action for invasion of privacy.

Consumer Protection Enhancements for the Australian Telecommunications Industry

Shane Barber reviews the work of both Communications Alliance and the ACMA in 2011 as they seek to address the Australian telecommunications consumer protection regime.

Challenges and Choices: Universal Service in Australia and China

 

Thomas Jones and Sarah Godden examine the similar challenges faced by Australia and China in the provision of universal telecommunications services to remote areas and the opportunities for knowledge sharing and co-operation between the two

September 2011
Volume 30, Issue 2 2011

Contents

Foreign Direct Investment in Digital Media in China: Challenges and Opportunity

Adrian Fisher looks at the challenges and opportunities that come with foreign direct investment in digital media in China.

The Twentieth Century Fox v BT Decision: A New Development in the Debate About ISP Obligations to Prevent Copyright Infringement

Donna Short and Hazel McDwyer consider the recent decision in Twentieth Century Fox Film Corp and Others v British Telecommunications plc and its potential implications in Australia.

Hacking By Australian Journos? A Risky Proposition

Nick Sinclair considers how existing laws in Australia would apply to electronic hacking by the local media.

Cush v Dillon: A boost for the Defamation Defence of Qualified Privilege in the Context of Inaccurate Communications

Sophie Dawson and Lucienne Cassidy examine the High Court decision in Cush v Dillon which confirms common law qualified

privilege as an important defamation defence.

The Author's Guild et al v Google Inc. 05 Civ 8136 (DC)

Henry Fraser examines the Google Books decision and considers its potential implications for the digital copyright regime in Australia.

July 2011
Volume 30, Issue 1 2011

Contents

The 'Convergence Phenomena' from a Regulator's Perspective 

Australian Communications and Media Authority Chairman, Chris Chapman, detailed his learnings and experiences from being at the coalface of regulatory convergence over the last five years, in a speech to CAMLA in Sydney on 30 May 2011.

Journalists' Privilege - Improved Protection Made Law

Leah Jessup discusses the new Evidence Amendment (Journalists' Privilege) Act 2011 (Cth) and the improved protection it offers journalists and their sources.

Headline Issues In Technology M&A Deals

Nick Abrahams and Daniel Atkin outline some headline issues raised in M&A deals in the technology sector.

April 2011
Volume 29, Issue 4 2011

Contents

2011: The Year Ahead


Lawyers from Allens Arthur Robinson take a look at some key areas of likely reform for the communications sector in 2011.

Contracting With Social Media

Nick Abrahams and Sara Payton discuss some of the risks facing businesses who engage in social media.

Computer Monitoring of Government Employees: Not An Invasion of Privacy

Marlia Saunders, Melanie Bartlett and Sophie Dawson consider a recent Federal Court decision which found that monitoring a

Commonwealth employee's personal use of IT systems was not an invasion of privacy.

Personal Property Securities Reform

Rebecca Sadleir considers the impact of reform of securities regulation on the communications sector.

A Pyrrhic Victory For 'Doing Squat': A Short Critique Of The Full Court's Decision In Roadshow Films v iiNet

Wen Hui Wu reviews the Full Court of the Federal Court's decision in Roadshow Films v iiNet and considers the interplay between

copyright authorisation and the 'safe harbour' provisions.

December 2010
Volume 29, Issue 3 2010


2010 - Change is the Only Constant

Outgoing CAMLA president Shane Barber reflects on the year that was.

www.aussiefirewall.com.au/blocked

Mitchell Landrigan and Marissa Wong discuss the importance of freedom of expression and the federal Government's proposed ISP level filtering scheme.

Shifting the Goal Posts: Anti-Siphoning Report and Reforms announced

Sophie Dawson, Anita Cade and Marlia Saunders outline proposed amendments to the anti-siphoning scheme.

Building Safe Harbours in Choppy Waters - Towards a Sensible Approach to Liabillity of Internet Intermediaries in Australia

Peter Leonard considers safe harbours for internet intermediaries inboth the Copyright Act and the Broadcasting Services Act, and equivalent provisions in the United States, European Union and certain other jurisdictions.

September 2010
Volume 29, Issue 2 2010

July 2010
Volume 29, Issue 1 2010

Graeme Samuel's address to the Communications and Media Law Association

On 4 May 2010, graeme Samuel, Chairman of the Australian Competition & Consumer Commission, presented the following address to CAMLA. This is an edited version of his speech.

ISP liability forcopyright authorisation:the trial decision in Roadshow Films v iiNet PartTwo

This is the second and concluding part (the first part was published in the April 2010 edition of the Bulletin) of an exploration of the contours of copyright authorisation liability as that liability relates to a case involving the Australianinternet service provider iiNet and thirty-four film and television companies. In this part the findings in Roadshow Films v iiNet will be described, together with a critique of certain aspects of the trial judgement.

The UK Defamation Bill 2010:A Review

Jason Bosland examines proposals for amendment of UK libel law.

Harbour Radio Pty Ltd v Australian Communications and Media Authority (2010) FCA 478

Harbour Radio, which operates 2GB in Sydney, has successfully challenged a decision by the ACMA to investigage a complaint by an advertiser against 2GBfor adverse comments broadcast on the Ray Hadley Morning Show. The decision is the first to consider the interpretation of the complaint handling provisions of the Commercial Radio Code of Practice and the investigative powers of theACMA. The effect of the decision is to reverse the approach historically taken by the ACMA in determining whether a complaint is a "Code complaint" and demonstrates the discrete nature of the investigative powers granted under the Broadcasting Services ACT 1992 (Cth).

Refused Classification

In this article, Jessica Azzi considers the relationship between early book censorship laws and the current classification law.

 

April 2010
Volume 28, Issue 4 2010


ISP Liability for Copyright Authorisation: The Trial Decision in Roadshow Films v iinet Part One

This is Part One of a two part exploration of the contours of copright authorisation liability as that liability relates to a case involving the Australain internet service provider iiNet and thirty-four film and television companies. In this part a primer on copyright authorisation liability is provided, together with an economic policy explanation for why such liability exists. In part two, to be published in the June edition of the Bulletin, a critique on the trial judge's decision in the case will be offered in light of this primer and policy exposition.

Spectrum and Swiss Cheese: The Digital Dividend in Australia

The DBCDE Green Paper on the digital dividend was issued in January 2010. This paper looks at the background issues associated with delivering a digital dividend in Australia including what a digital dividend is, its value and some of the issues with delivering that value to the public purse.

Premium SMS Regulation : A necessary reform or over-regulation stifling innovation?

The first week of March 2010 saw the ACMA announce the next wave of regulation for the premium SMS market, with the release of a Determination under the Telecommunications Act 1997 (Cth) and a Consultation Paper for a proposed second Determination. In this paper Hamish Fraser reviews the effects of recent regulation and discusses whether the premium SMS market is now being stifled by heavy-handed regulation.

"Won't Somebody Please Think of the Children": Would a Mandatory ISP level Filter of Internet Content Raise Freedom of Communication Issues?

Chris Govey considers whether Federal Government plans to impose mandatory ISP-level filtering could conflict with the implied freedom of political communication in the Australian Constitution

December 2009
Volume 28, Issue 3 2009

2009, A Turning Point

Shane Barber, CAMLA President, looks back on the year that was.

The Challenge of Oursourcing in the current economic climatePeter Mulligan and Carrie Neal discuss recent developments in outsourcing and some considerations that should be taken into account in outsourcing agreements. 

ACMA v 2UE and the Public InterestThe ACMA applied to the Federal Court in November 2008 for orders that Radio 2UE Sydney pty Ltd pay civil penalities for contraventions of the Broadcastin Services Act 1992 (Cth). The Communications Law Centre intervened in the case in order to make submissions in the public interest. In this article, Professor Michael Fraser, Director of the Communications Law Centre, and Matt Vitins provide a summary of the decision and the submissions made by the CLC. 

Switching Channels and Changing LawsValeska Bloch reviews the regulation and management of spectrum in Australia, before outlining some fast approaching policy questions that will emerge from the digital pident, the expiry of current spectrum licences and the NBN.

The Trafigura Super-Injunction Natalie Buck discusses the Trafigura "super-injunction" episode in the UK, the role of Twitter played in undoing the injunction and whether such injunctions are even appropriate. 

Next Generation Broadband Regulation: NBN Co. and the Government's New Role in the MarketKelvin Liew considers the potential of the NBN to address ongoing competition issues in telecommunications. This essay won the 2009 CAMLA essay competition.

No Free Kicks: Copyright in the Sporting Arena.

The Senate Standing Committee on Environment, Communications and the Arts conducted an inquiry into the reporting of sports news and the emergence of digital media earlier this year. In this article, Victoria Wark considers the report of the Senate Inquiry and some of the arguments made for and against providing further protections for sporting events under the Copyright Act.

September 2009
Volume 28, Issue 2 2009

After the dust settles - what does the Telstra Separation Legislation Really Mean?
Shane Barber, Kathyrn Edghill , Graham Maher and Mitch Kelly review the content and implications of recently proposed amendments to Australian telecommunications legislation.
Expanding the Domain Names System - The introduction of new gTLDs

Adrian Fisher examines the introduction of new generic top-level domains, ICANN's proposed application process and recommendations to adress anticipated trade mark issues.
Search Engine Liability for Defamatory Snippets
Anne Flahvin notes a UK decision on whether "snippets" provided by online search engines could give rise to liability for defamation.
Telstra Corporation LTD v ACCC (2008)
Thomas Jones and Piccolo Willoughby provide a case note on a recent decision of the Federal Court.
The future of the "Multiple Publication" Rule
Anne Flahvin discusses proposals to introduce a "single publication rule" for internet publications in the UK and whether Australian defamation law might also movie in this direction.
Pre-Paid calling cards industry update: Federal Court proceedings, ACCC investigationa and recent Communications Alliance Industry Guidelines
Mitch Kelly looks at the increased regulatory attention being paid to pre-paid calling cards.
Strengthening Computer Network Protection Laws
Jeremy Storer outlines proposals to amend interception legislation and the implications for computer network owners and operators

 

July 2009
Volume 28, Issue 1 2009

Cold, Dead Hand? Broadcasting Regulation and the Emergence of the National Broadband Network.

Luke Waterson and Nicholas Dowsley consider the position of the next generation audio-visual media services under existing broadcasting laws.

How will the NBN alter the communications landscape in the future?

Niranjan Arasaratnam, Andrew Ailwood and Nathan Stacey review some of the potential effects of the NBN on broadcasting.

Mobile Premium Services - the new regulatory regime

Adrian Lawrence and Simone Brandon outiline the new regime for the regulation of Mobile Premium Services, including an examination of the Mobile Premium Services Code registered by ACMA.

"It's a Jungle out There" : The Legal Implications of Underbelly.

The banning of the broadcast of the real-life drama series, Underbelly, in Victoria in 2008 raises important issues about the impact of globalisation on the local administration of criminal justice. In this article David Rolf and Jacqueline Mowbray canvass the challenges presented by two significant globalising tendencies - internet technologies and human rights - through a case study of Underbelly and the related litigation.

From chalk and talk to an online world of Digital Resources

The January 2009 edition of the Communications Law Bulletin included an article by Alex Farrar on amendments made to the Copyright Act affecting the uses of multimedia in classrooms. Further to that piece, Simon Lake discusses the activities of Screenrights and available statutory licences for educational copying and the communication of broadcast materials.

Radio Frequency Identification and Data Protection: Privacy Related Issues

Valerie Perumalla discusses RFID technology and how it fits with regulatory frameworks established by privacy and surveillance legislation.


April 2009
Volume 27, Issue 4 2009

Minister's Address to the Communications and Media Law Association

On 25 March 2009, Senator Stephen Conroy, Minister for Broadband, Communications and the Digital Economy, addressed the Communications and Media Law Association at the offices of Henry Davis York in Sydney.

Landmark Copyright Case: ISP Liability for Copyright Infringement?

Anita Cade and Maya Port consider some of the issues raised in a recent Federal Court Action against ISP iiNet

and also review approaches taken to ISP responsibility for users' copyright infringement in certain other countries.

Do You Need to be licensed to Operate Your Internet Discussion Site?

Matthew McMillan and Howard Cheung discuss the ASICS's recent proposalls on regulating internet discussion sites.

Fakery and Deception in Participation

TV - Lessons Learned from the IK'S TV Phone-line Scandals

Gavin Smith exmines the background and regulatory response to one of the UK's worst television public relations disasters involving the faking of winners in on-air phone competitions and broadcasters receiving revenue from premium-rate phone votes which were never counted.

Government Focuses on Consumer Law Changes

Nick Abrahams and Kylie Howard provide an update on recent proposals to reform Australian Consumer Protection Laws.

Sports Broadcasting in the Digital Era

Valeska Bloch considers the changing landscape of sports broadcasting.

Trade Practices Amendment: Achieving Clarity in Pricing

Bridget Edhill reviews recent amendments to the Trade Practices Act 1974 (Cth) concerning component pricing.

January 2009
Volume 27, Issue 3 2009

Product Placement - US and UK Regulatory Reviews of an Expanding Market

Lesley Hitchens considers some of the issues associated with product placement in broadcasting and discusses recent reviews commenced by US and UKregulators.

Broadcasting and Social Networking - The Role of Privacy Guidelines

Michael Coonan looks at the use of best practice guidelines in privacy for broadcasters and social networking sites.

A Question of Malice

Chris Chapman provides a case note on Australannd Holdings v Transparency & Accountability Council Inc. & Anor (2008) NSWSC669 which considered the requirements of publication and malice in an action for injurious falsehood.

Classroom Use of Multimedia Materials - Copyright Infringement or a "Special Case"?

Alex Farrar examines the impact of amendments to the Copyright Act 1968 (Cth) on the use of multimedia content in classrooms and questions whether these amendments have achieved their intention of providing greater flexibility in the use of copyright materials.

Child Photographers, Not Child Pornographers

Suzanne Derry talks about the laws that apply when creating art involving children and the Australia Council protocols.

November 2008
Volume 27, Issue 2 2008

Greiner's Farewell to ASTRA
On 7 November 2008 the Honourable Nick Greiner resigned after 5 years as Chairman of the Australian Subscription Television and Radio Association. The Honourable Steve Bracks, former Premier of Victoria, has taken on that role. In this speech, given at a lunch which followed the ASTRA AGM, Mr Greiner gives a frank appraisal of televsion in Australia in 2008.
Media and Communications in Australian Families
Lesley Osborne and Sarah Jean discuss the results of recent research into media use among children and young people.
The Future of the ABC and SBS
Ian McGill and Peter Kim survey a discussion paper on future directions for the national broadcasters.
Getting the Act Together
Hamish Fraser and Michael Stojanovic outline the content of the new consolidated telecommunications industry code.
ADifficult Cache to Solve - Regulating Content in a Digital World
Valeska Bloch considers online content regulation.

 

August 2008
Volume 27, Issue 1 2008

For Your Information

Hamish Fraser covers the recently released ALRC Report on Privacy

When Worlds Collide - Indefeasible Rights of Use, Tax and Commercial Reality

James Halliday and Linh Tran discuss the nature and forms of Indefeasible Rights of Use agreements as a distinct type of capacity supply arrangement that can have tax advantages.

The Producer Offset - A Shot in the Arm for Australian Film

Nick Abrahams and Victoria Dunn review tax incentives designed to support the Australian screen media industry.

Degrees of Influence

Heidi Bruce considers the continued relevance of the "degree of influence" principle as a regulatory philosophy of the Broadcasting Services Act.

You Can't Always Get What You Want

Kieran Mahony and Tara Walker consider the conflict between protection of information under Australian law and disclosure compelled by overseas laws.

Australian Domain Name Policy

Rebecca Sadleir discusses the new auDA policy and the relaxation of rules on transferring .au domain name licences.

July 2008
Volume 26, Issue 4 2008

Reviewing Privacy Law in NSW

Michael Tlibury discusses the NSWLRC recommendations on invasions of privacy in anticipation of it's report later this year.

 

Eye Spy to Spyware: Working within the Confines of the NSW Surveillance Devices Act 2007

The New South Wales Surveillance Devices Act 2007 significantly expands the regulation of overt and covert surveillance in New South Wales. Sophie Dawson and Helen Gill take a look.

 

Privacy 2.0: Online Privacy in a User generated World Wide Web.

Andrew Ailwood and Chris Govey look at the difference between younger and older web users when it comes to privacy.

 

Murray v Big Picture UK Ltd: An Image Right for the Children of Celebrities.

Recent decisions in the UK and Europe that deal with the rights of public people to private lives are looking at how it might be different for children. Anne Flahvin reviews the situation.

 

European Privacy Laws a Stumbling Block for ASIC.

Nick Hart looks at how European rights to privacy have recently dealt a blow to ASIC's request s in the UK to obtain information for it's investigations in connection with the infamous Offsett Alpine affair.

May 2008
Volume 26, Issue 3 2008

User Generated Content and Copyright

Michael Napthali discusses the treatment of user generated content in copyright law and questions whether the concept of "fair use" should be introduced in Australia.

The New Game in Town - An Update on the Players and Deal Structures in the Video Game Industry

Nick Abrahams and Kate Hynes survey the video game industry and typical deal structures in video game production.

Search Engine Marketing - Click or Trick?

Ken Shiu and Matt Vitins review some of the legal issues associated with search marketing.

Risk Issues for Web 2.0 - to Block or Not to Block Facebook

Nick Abrahams and Robert Rudolf look at how organisations might respond to Web 2.0 in the work place.

December 2007
Volume 26, Issue 2 2007

Online Content Regulation - The New Regime Adrian Lawrence and Ryan Grant outline the new Content Services regime that will apply to internet and mobile content.

 

 

An Overview of the Digital Radio Legislation Moses Kakaire reviews digital radio policy and the effect of the Broadcasting Legislation Amendment (Digital Radio) Act 2007.

 

 

Radical Privacy Law Reforms Proposed

Dr Gordon Hughes and Tim Brookes discuss the Australian Law Reform Commission's recent discussion paper on Australian Privacy Law.

Telstra v Coonan: What is it and Why?

Hamish Fraser looks at the decision of Telstra Corporation Ltd v Minister for Communications, Information Technology and the Arts (No2) and the Federal Government's Connect Australia program.

Ambush Interviews, Off Limites Questions and Fake Personas Under Trade Practices Law

Sally McCauslan discusses recent trade practices actions against the media and the free speech implications for journalists, documentaty makers and comedians.

International Regulation of Access to the Geostationary Orbit: Mission Impossible?

Sara-Louise Khabazian considers the ITU's regulation of the Geostationary Orbit.

October 2007
Volume 26, Issue 1 2007

Football and Fair Dealing: Telstra v Premier Media Group.

Andrew Stewart discusses Telstra Corporation Pty Limited v Premier Media Group Pty Ltd anor (2007) FCA 568

Issues for Corporations and Regulators in Second Life and Virtual Worlds

Nick Abrahams looks at what virtual worlds are, why they are important, and forecasts the legal issues that could become relevant to virtual residents.

Right Place Right Time for National Indigenous Television.

John Corker introduces the National Indigenous Television Service and the legislative history behind its inception.

High Court Takes The Wind out of Shipbuilders Sails.

Marina Lloyd Jones reports on a recent decision in which the Hight Court considered the meaning of artistic craftsmanship and the copyrigh/design overlap.

A Very Expensive Lobster

Jennifer Lusk revisists Blue Angel Restaurant v John Fairfax and Sons Ltd (1998) and the mutual dislike that exists between defamation law and restaurant reviewers.

Managing Media Organisations

William Walder considers the political and technical context that motivated last year's media law reform.

June 2007
Volume 25, Issue 4 2007

Telstra's High Court Challenge - Context and Comment

Rob Neely reviews the foundations of Telstra's constitutional challenge to Part XIC of the Trade Practices Act and outlines paralletl international experiences in the US and Hong Kong.

Preparing for a Full-Scale Invation? Truth Privacy and Defamation

David Ralph discusses the intersection between defamation law and privacy protection following the introduction of Uniform Defamation Legislation.

Future Looking Clearer for Community Television

Shane Barber maps the progress of Community Television into a digital broadcasting environment, considering the recommendationsof a recent House of Representatives Standing Committee on Communications Information Technology and the Arts report on the subject.

Launch of the Do Not Call Register

Matthew McMillan and Amity Arena provide an update on recent development in relation to the Do Not Call Register

Marsden, Ethics and Defamation

Marcus Powere re-reads Marsden v Amalgamated Television Services in light of Uniform Defamation Legislation, and Media Codes of

Ethics. This issay won the 2006 CAMLA essay competition.

Reasserting Technoligal Neutrality

Matt Vitins and Andrew Ailwood meditate on the nature of television

June 2007
Volume 25, Issue 3 2007

Please note that this issue has been combined with Issue 4 and appears as Volume 25 Number 3/4

 

February 2007
Volume 25, Issue 2 2007

The New Media Landscape

Paul Mallam reviews the new media landscape unfolding in Australia

Focus on Copyright

Fair Use and Copyright in Australia

The Attorney General, The Hon Philip Ruddock MP, addressed the Communications and Media Law Association in August 2006 and set the scene for amendments to Australia's copyright laws that came into effect in December 2006.

Copyright Law Reform

Catherine Mullins summarises the Copyright Amendment Act 2006

Protecting the Copyright Balance in Cyberspace

Adam Sauer looks at the competing philosophies (protection/control vs access/freeedom) at play in conventional copyright regulation and where TPM's fit in the mix.

The Mobile Premium Services Industry Scheme

Simone Brandon reviews the Mobile Premium Services Iindustry Scheme as recently approved by the Australian Communications and Media Authority

September 2006
Volume 25, Issue 1 2006

Mobile TV - the Hype and the Reality

Nick Abrahams and Glenda Stubbs look at legal and commercial issues raised by Mobile TV in Australia and internationally.

 

Do Not Call Register: Telemarketers Beware

Matthew McMillan analyses the Federal Government's new legislation on the establishment of a national Do Not Call Register and minimum contact standards for the telemarketing industry.

 

Google in China

Goodle has been having trouble in China. Luke Bentzelzen and Yong Lee liik at the internet in china, what's happening to Google, google's response and the debate that's followed.

 

Copyright Law Reform

Annika Forss and Peter Chalk summarise the Federal Government's proposed changes to the Copytrght Act 1968 ( Cth) allowing for new uses of copyright material and strengthening enforcement in the digital age.

 

Digital Content Distribution in the Asia Pacific Region

Nick Abrahams and Trent Lyndon look at the issues confronted by US content vendors entering into new markets in Asia Pacific countries.

 

May 2006
Volume 24, Issue 4 2006

Media Ownership Laws: The Forecast is for Change

Carolyn Lidgerwood analyses the Australian Government's recent announcements indicating a long anticipated shift in policy direction.

Defamation and satire - Drawing the Line

Christina Maloney, in this 2005 CAMLA Essay Prize winning paper, asks is the line between legitimate satire and defamation drawn in the right place or is satire stifled to an unacceptable extent?

Digital Dilemma

Dana Stewart, in this paper which received an honourable mention in the 2005 CAMLA Essay Prize, analyses the uptake of Digital Television in Australia.

Contempt and Public Interest

Robin Bowley, in this paper which received an honourable mention in the 2005 CAMLA Essay Prize, advocates clearer rules regarding sub judice contempt.

Unfair Terms in Consumer Contracts - The New Benchmark

Robert Neely and Olivia Kwok take a more detailed look at new Victorian requirements



E-Commerce Developments

Shane Barber and Bridget Edghill review the current trends and developments in relation to regulation of e-commerce in Australia.

December 2005
Volume 24, Issue 3 2005

Radio's Digital Future

The Federal Government recently announced its policy framework for digital radio. Carolyn Lidgerwood sums it up.

Measuring Media persity - Recent Developments in the US

An important factor in promoting media persity is how to measure it. Luke Waterson looks at what they are doing in the US.

Convergent Regulation - Ofcoms first two years

Ofcoms was established under the UK Office of Communications Act 2002 as a fully converged regulator for the UK communications industries. It is equivalent, in Australian terms, to the ACMA plus the telecoms regulation team inside the ACCC. In a speech to the 2005 ACMA annual broadcasting conference on 10 November, Richard Hooper, the outgoing Deputy Chairman of its Content Board, identified what he believes to be Ofcom's key success factors and challenges faced by the two-year old super regulator.

Legal Issues Arising From IPTV

Nick Abrahams and Glenda Stubbs provide an overview of the regulatory issues associated with Internet Protocol TV.

Fair Use and other Copyright Exceptions in the Digital Age

Raani Costelloe looks at the scope of the Federal Government's current review.

Federal Media Policy Developments 2004-2005

Prepared by William Atkins of the Communications, Media and Technology Group Practice at Allens Arthur Robinson

September 2005
Volume 24, Issue 2 2005

The New Workplace Surveillance Act: Impacts on Media Organisations

Sophie Dawson and Arthur Artinian look at some of the implications of the new Workplace Surveillance Act and its consequences for media reporting.

Small Noise, Big Trouble Shane Barber examines the recent decision in the City of Mitcham v Hutchison 3G Australia Pty Ltd and examines its potential impact on the government's telecommunications network policies.

Offsetting Cross-media Ownership and Media Concentration: Examining the 'Canadian Model"

Simon Curtis discusses a potential model for the deregulation of Australia's cross-media ownership and media concentration laws based on the Canadian experience.

Important Changes to the Reporting of prescribed Sexual Offences Proceedings in NSW

Sophie Dawson and Julie Cheeseman review the Criminal Procedure Further Amendment (Evidence) Act 2005 (NSW) and its potential impact on court reporting.

The Media and the Australia-United States Free Trade Agreement

Karen Gettens and Johanna O'Rourke consider the impact of the Australian-United States Free Trade Agreement on Australian Copyright laws.

The Development of a Telecommunications Network Colocation Regime in New Zealand

Shane Barber and Bridget Edghill critique New Zealand's developing approach to telecommunications network colocations.

June 2005
Volume 24, Issue 1 2005

The Emergence of Wireless Broadband is Australia

Peter Mulligan looks at wireless broadband in Australia and its regulation.

The State of Play in Games Regulation

Simone Brandon identifies some of the problems with Australia's multi-level approach to regulating games on mobile phones and elsewhere and outlines Hutchison's position.

Movements at the Stations: Digital Radio Update

The Federal Government is on its way to developing a policy and regulatory framework for digital radio. Carolyn Lidgerwood notes recent progess.

Digital Rights Management in Television

Rob Nicholls focuses in on digital rights management from and Australianb broadcaster's perspective.

Introducing Your New Regulator

Clare O'Neil gives an overview of the Australian Communications and Media Act 2005 and related legislation, what will change and what will stay the same.

The ACCC Approach to Telstra Broadband Policy - The Industry Asks Why?

Angus Henderson and Michelle Rowland look at the ACCC's recent decision to settle its action against Telstra on broadcasting pricing and some alternative approaches it might have taken.

December 2004
Volume 23, Issue 4 2004

Separating Telstra: Legal Issues Surrounding the pestment of Foxtel and HFC Cable Network

2004 CAMLA Essay Prize winner, Daniel Yap, examines the legal issues that arise from the ACCC's recommendation that Telstra pests its hybrid fibre coaxial (HFC) network and 50 per cent ownership of Foxtel to encourage competition across the pay tv, telephony and broadband sectors.

Defamation Lay and the Fairness of the Objective Test

Sarah Krasnostein, highly commended in the 2004 CAMLA Essay Prize, discusses whether it is appropriate for defamation law to apply objective tests to determine liability in circumstances where the meaning of the text is subjective.

Invasion of Electronic Communincation Privacy

Yi-Jen Chen, highly commended int eh 2004 CAMLA Essay Prize, considers the impacts of the recent decision of the United States Court of Appeals for the First Circuit in United States of America v Branford C. Coucilman.

US Patriot Act: Implications for Outsourcing to US Companies

David Chan considers the ' Uniting and Strenthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001' and the potential for personal information in the posession of a US outsource provider to be disclosed to the FBI.

Victorian Court Action Over Alleged Unfair Terms in Mobile Phone Contracts

Bridget Edghill reviews the action taken by they Victorian Government in relation to alleged unfair terms in mobile phone contracts

October 2004
Volume 23, Issue 3 2004

A Cheat's Guide to the Multichannelling Review

Carloyn Lidgerwood distills some of the perging views emerging from the Federal Government's reviews of the prohibition on commercial broadcaster multichannelling on their existing digital spectrum.

Digital Rights Management

 

On 13 October 2004 the Network Insight Institute held a smeinar entitled "Digital Right: Management & Co-Operation" centred on issues concerning the distribution and cataloguing of digital goods and co-operation in their management. Katherine Sainty and Clare Cunliffe consider some of the issues discussed in this seminar.

I'll Have Two Playmates and and Emoticon Please"

Nick Abrahams, Glenda Stubbs and Alan Arnott provide an overview of mobile content regulation in Australia.

Looking Forward: Challenges for Telecommunications Regulation

 

Holly Raiche looks at the themes and ourcomes of ACA Self-Regulation Summit heldinAugust 2004in Sydney.

Media Ownership Laws - What Change?

Raani Costello looks at the Howard Government's pre-election position on changes to media ownership legislation with a view to what might be coming up.

Open Source Software - Understanding the Risks

Nick Abrahams and Alan Arnott explore the legal issues associated with rolling out open source software solution.

 

July 2004
Volume 23, Issue 2 2004

CAMLA Essay Prize 2004

Australian Broadband Strategies: Putting Broadband Take-up in Context

Caroline Lovell and Toby Ryston-Pratt consider the take-up of broadband in Australia and Government initiatives.

Regulators, Mount Up! VoIP in the Asian Context

Nick Abrahams and Brett Farrell conside the emergence of Voice over IP and how it may operate within a regulatory framework.

What I Saw at the (Digital) Revolution

Edited address by Dawn Airey, Managing Director, Sky Networks to the Australian Broadcasting Authority's Conference held in Canberra in June 2004.

Digital TV: The Reviews. Whatever Happend to the PC Report?

This edited address by Stuart Simpson to the Network Insight Seminar in June 2004 discusses the Australian experience with digital television.

Government Agencies and Regulators: Using Personal Information

Danet Khuth and Duncan Giles review the determination of the Office of the Federal Privacy Commissioner in Complaint Determinations No 5 of 2004 and its potential impact in relation to the disclosure of information by government agencies.

March 2004
Volume 23, Issue 1 2004

CAMLA Essay Prize 2004

 

Australian Broadband Strategies: Putting Broadband Take-up in Context

Caroline Lovell and Toby Ryston-Pratt consider the take-up of broadband in Australia and Government initiatives.
 

Regulators, Mount Up! VoIP in the Asian Context

Nick Abrahams and Brett Farrell conside the emergence of Voice over IP and how it may operate within a regulatory framework.

What I Saw at the (Digital) Revolution

Edited address by Dawn Airey, Managing Director, Sky Networks to the Australian Broadcasting Authority's Conference held in Canberra in June 2004.

Digital TV: The Reviews. Whatever Happend to the PC Report?

This edited address by Stuart Simpson to the Network Insight Seminar in June 2004 discusses the Australian experience with digital television.

Government Agencies and Regulators: Using Personal Information

Danet Khuth and Duncan Giles review the determination of the Office of the Federal Privacy Commissioner in Complaint Determinations No 5 of 2004 and its potential impact in relation to the disclosure of information by government agencies.

 

December 2003
Volume 22, Issue 4 2003

To What Extent Does Racial Vilification Legislation Limit Free Speech Within the Australian Media?

Fidelma Maher, in this CAMLA Essay Prize winning paper, argues for greater sophistication in the media's ability

to report and analyse divergent racial views as a potential counter to the need for racial vilification legislation

GTA3 and the Politics of Interactive Aesthetics

Dr. Mark Finn reviews the decision of the Office of Film and Literature Classification to refuse classification to

Grand Theft Auto 3

Postcard From Oulu, Finland

Therese Catanzariti Oppermann reviews developments in 4G telecommunications research in Finland.

The Plot Thickens Formats, Sequals and Spinoffs After Goggomobil

Therese Catanzariti Oppermann reviews Telstra Corporation Ltd v Royal & Sun Alliance Insurance Australia

Limited [2003]

Update: Spam Legislation

Bridget Edghill updates the developments in spam legislation in Australia and the United States of America

The 'Ordinary Reasonable Person' in Defamation Law

In the first of two articles, Roy Baker examines the way the law determines what is defamatory and asks what the

law, and society generally, means by the 'ordinary reasonable person'

December 2003
Volume 22, Issue 3 2003

Smile, You're on Mobile Phone Camera

Paul McLachlan takes a peek at the potentials for regulation of misuse of mobile phone cameras Review of Online Sales Contracts

Simon Minahan considers issues relevant to risk-managed online sales to an international market, examines how to minimise some of the risks inherent in the multi-jurisdictional international marketplace of the internet

You Can't Stop the Music

Peter Mulligan examines music piracy and parallel importation issues in the context of the recent Universal Music Australia v ACCC

Privacy Tort, where Art Thou

Gayle Hill compares the recent UK rejection of a tort of privacy with Australian developments in the area.

Casenote: Cullen v White

Kerin Forstmanis looks at a recent damages award fordefamation on the internet.

Local Advertising on Regional Television

In the edited version of her paper presented at the Communications Research Forum 2003, Helen Wilson looks at the state of regional television, and the contrast between local news content on the one hand, and local advertising content on the other.

Casenote: ATECO Automotive Pty Ltd V Business Bytes Pty Ltd.

Nick Abrahams and Liong Lim review a recent decision of the NSW Supreme Court which provides some valuable insights for technology customers.

The Spectre of Change in Spectrum Management

Tom Reid and Niranjam Arasaratnam discuss the Federal Government's proposal to merge the ACA and the ABA in light of some responses from industry and interest groups.

Spam Bill Almost Law

Corker examines the new proposed model for regulation spam in Australia, and critiques some potential problems.

June 2003
Volume 22, Issue 2 2003

UN Communication Process and Free Speech

Paul Reidy and Kate Fitzgerald examine the workings of the United Nations Human Rights Committee, particularly in the light of recent petitions against Australia.

Copyright in 'Thumbnail' Images

The United States Court of Appeals for the Ninth Circuit recently held that the unauthorised creation and use of 'thumbnail' images in an internet search engine was not actionable by the owner of copyright in the images. Anthony Selleck reports on the case.

The Price of Fame : Protection of Personality Rights in Australia

David Bowman examines the current status of personality rights in Australia and argues for reform.

The End of Spam?

Nick Abrahams and Colin Chang consider Australia's current approach to spam, and the proposals of a recent NOIE report.

Update: Cybercrime Code of Practice for ISPs

Elizabeth Levinson and Natalie Ceola provide an update on the Internet Industry Association's Cybercrime Code of Practice.

New Australian Right to Protection From 'Highly Offensive' Invasions of Privacy

Duncan Giles & Gayle Hill examine the impact of the recent decision in Grosse v Purvis.

Telecommunications Networks - Carriers' Powers Again Under Review

Shane Barber reviews the results of a recent appeal brought by Hurstville City Council against the Land and Environment Court of NSW's confirmation of telecommunications carriers' powers.

March 2003
Volume 22, Issue 1 2003

lnternet Dumping: Recent Developments .

Tom Reid reports on the Federal Government\'s recent Direction to the ACA on the issue of intemet dumping.

Malice, Qualified Privilege and Lunge

In this article Glen Sauer examines the High Court\'s decisioo in Roberts v Bass on the issue of malice, and how it applies to the defamation defence of qualified privilege, as well as the Lunge extended qualified privilege defence.

When the Boot is in the Other Leg

With a corporation\'s right to an action for defamation in NSW removed, John Corker and Jessica lvlorath examine the alternative tort of injurious falsehood in the light of the recent High Court decision of Roberts v Bass.

David v Goliath - The Slingshot is Loaded. Decision of the High Court on the Special Leave Application.

Angela Brewer updates the progress of this watershed case regarding telecommunications infrastructure.

If Video Killed the Radio Star... What\'s the Internet Doing to the Corpse?

In this article, Nick Abrahams and Rob Brown look at recent Australian developments in regard to the licensing of music transmitted via the internet.

Metro Goldwyn Mayer Studios v Grokster Ltd and Streamcast Networks lne

In this article, Clare Cunliffe examines the United States District Court of Central California decision in Metro Goldwyn Mayer Studios v Grokster Ltd and Streamcast Networks Inc.

Telecommunications Networks - Carrier Powers Confirmed

Shane Barber reviews a recent decision of the Land and Environment Court in New South Wales in Hurstville City Council v Hutchison 3G Australia Ply Ltd which confirms the sometimes controversial powers of telecommunications carriers when rolling out their networks.

Turning off the Television by Jock Given

A review by John Corker.

December 2002
Volume 21, Issue 4 2002


The Role of Media Satire in Australia and its Relation to Defamation Law

Paul Satouris, winner of the 2002 CAMLA essay competition, discusses the potential dangers of regulating the use of satire.

Dow Jones v Gutnick - Certainty For Australian Defamation Law but Uncertainty For International Publishers and Content Providers

Catherine Dickson and Aaron Timms examine this recent headline grabbing case.

The Andrew Olle Lecture 2002 Delivered by Mr Lachlan Murdoch Sydney, October 18, 2002

Lachlan Murdoch, in this much discussed lecture, examines a range of issues confronting modern journalism.

Olympic TV Rights

Toby Ryston-Pratt, in this highly commended finalist of the 2002 CAMLA essay competition, reviews the ever-evolving saga that is Olympic broadcasting rights.

Regional Telecommunications Inquiry Report

Graham Phillips reports on the findings of the inquiry into regional telecommunications services chaired by Dick Estens.

Preparing for T3? - Telecommunications Reforms for Implementation in 2003

Angus Henderson and Michelle Rowland review the watershed reforms proposed by the Telecommunications Competition Bill 2002.

Telecommunications - Policy and Politics

David McCulloch comments on policy developments.

September 2002
Volume 21, Issue 3 2002

"The Panel" Decision of the Federal Court

Jackie O'Brien, Sabiene Heindt and Dana Wintermantel consider broadcast copyright in "The Panel" decision.

Sharing the Burden of Providing Local Content in Regional Television

John Corker comments on a recent ABA proposal for increased programming of local news and information on commercial television in regional Australia.

Playstation Protection- Not on the "Digital Agenda"

John Corker examines the failure of the Copyright Act "Digital Agenda" provisions to protect PlayStation from an anti-counterfeiting device.

Domain Name Update - .au Gets an Overhaul

Chad de Souza and Jesse Gleeson consider recent changes to the administration of .au domain names.

Dispute Resolution For Australian Domain Names

Andrew Byrne and Andrew Wiseman examine the new Australian domain name dispute resolution policy.

ACCCV Rural Press

Janey Draper reviews the recent Full Federal Court decision in 'Rural Press' regarding misuse of market power.

Media Ownership Bill Jumps First Hurdle

Raani Costelloe comments on the progress of proposed changes to cross-media and foreign ownership restrictions

June 2002
Volume 21, Issue 2 2002

Defamation Law Reform on the Agenda Again: Proposed Reforms in New South Wales

Sally Barber examines controversial proposals for changes to defamation laws

The Media Ownership Bill - A Divided Senate

Raani Costelloe provides an update on the cross media ownership debate.

An Overview of New Zealand\'s New Telecommunications Regulatory Regime

Seth Eeles examines New Zealand \\'s new approach to telecommunications regulation.

Telstra Corporation Ltd. V Hurstville City Council Optus Vision Pty Ltd. V Warringah Council - The Decision of the Full Federal Court

Angela Brewer updates the progress of this watershed case regarding telecommunications infrastructure.

Interception Law Under Scrutiny

On the first anniversary of September 11, Ben Kuffer reviews the rise and fall of a key plank in the government\\'s post September 11 2001 reforms.

Invasive Technology and Privacy Implications

Rebecca Sharman discusses the boundary of recent amendments to privacy laws when applied to new technology.

May 2002
Volume 21, Issue 1 2002

Regulation of Election and Political Broadcasting

Lesley Hitchins examines the regulation of election and political broadcasting.

Where Possums Fear to Tread Invasion of Privacy and Information Obtained Illegally

Glen Sauer describes the implications of a recent High Court decision on broadcasters.

Espionage and Related Offences Bill

Rebecca Sharman examines the rise and fall of controversial provisions of the Criminal Code Amendment (Espionage and Related Offences) Bill.

Gutnick Goes to the High Court

Glen Sauer analyses the recent Gutnick case dealing with internet defamation.

The New Privacy Obligations and the Media Exemption

Glen Sauer reviews how the new privacy regime deals with the media.

Spam - Is Enough Being Done?

Ben Kuffer and Rebecca Sharman take a hard look at spamming issues.

December 2001
Volume 20, Issue 4 2001

The Role of Media in a Time of Crisis

Vincent Ho, the winner of CAMLA's Essay Competition provides a timely examination of the conflict between the media\'s responsibility to ensure the public\'s right to know and their moral obligations to those they could endanger.

Freedom - Lost or Loaned

Mr Kerry Stokes, AO, in his 2001 Andrew Olle Media Lecture provides this personal account of his reaction to the events of September 11 2001 and their impact on the role of the media.

Australian Celebrity Endorsements: the Need for an Australian Right of Publicity

Scott Ralston, in his highly commended entry in this year's CAMLA Essay Competition, compares the US and Australian approach to this topical issue.

Cultural Parochialism and Free Trade

Tim Magarey, another highly commended entry in this year's CAMLA Essay Competition, argues that output of cultural industries should not be exempt from the ambit of free trade agreements.

Internet Dumping and Regulation of the Audiotex Industry

John Corker examines the risks associated with using 190 and 0011 services and some possible solutions.

Cross-Media Rules to be Revisited Again or Not

Raani Costello reviews the legislative and policy background of media ownership restrictions.

Legislation Note: Some Final Words on Privacy

Catherine Dickson provides some final words on implementation of privacy law compliance for the private sector.

September 2001
Volume 20, Issue 3 2001

TV Formats: Still the Weakest Link?

Jerry Dohnal examines the emerging phenomenon of television programming with apparently similar formats. Does a breach of copyright exist?

Fair or Foul Dealing: The Panel and Copyright

Tim Golder and Teresa Ward examine the Federal Court decision dealing with allegations of copyright infringement by Channel Nine against Channel Ten over humorous rebroadcasts by The Panel.

M-Commerce and Wireless Advertising - Legal Challenges for Carriers

Buying a coke with your mobile phone is just the beginning for mobile commerce. Niranjan Arasaratnam and Joanna Davidson discard the hype to assess this new service.

Mobile Number Portlbility - Will You Be Getting Around?

Brenton Yates explores the regulation surrounding, and expected implications of, the recent introduction of mobile number portability.

Dispute Resolution Under Part XIC of the Trade Practices Act - The Problems and the Cure

Michael Bray analyses these controversial provisions and gets to the bottom of current issues being confronted by industry participants, the ACCC and the Federal Government.

Cancelled Datacasting Transmission Licences Auction - Will the Red Faces Recover?

The embarrassing cancellation of the datacasting transmission licence auction in May could cause ongoing damage to government revenue from the communications sector, Robert Gibson explains.

Teen Rebel Napster Faces the Music - Will it Be a Swansong?

Mia Garlick reviews the practical impact for Napster of the Appeal Court's decision.

June 2001
Volume 20, Issue 2 2001

Electronic Transactions Update

Catherine Dickson revisits the Federal Government's Transactions Act, 1999 in Light of its 1 July 2001 "changeover" date and also looks at the response of the states and territories in the two years since the Act's commencement.

Combating Cybercrime

The Federal Government has introduced new legislation to combat the problems of cybercrime, Niranjan Arasaratnam and Maree Flynn explain.

Cybersquatters and the Domain Name Game

Tracey Harrip, Lorien Beazley and Dominic van der Toorn urge trademark owners to act swiftly to prevent cybersquatters registering protected trademarks as domain names.

The Interactive Gambling Act 2001 - Is It Needed, Will It Work?

Lisa Vanderwal revisits her earlier article on this contentious Act in light of recent Federal Government concessions regarding interactive gambling.

Pandora's Box Opened: Inquiry Into the Adequacy of Radio Services in Regional and Rural Australia

Carolyn Lidgerwood examines the activities of a bi-partisan parliamentary committee which has provided a lively forum for debate about the state and direction of the radio industry in regional and rural Australia.

ACIF Code Compliance - Measuring Up

Brentou Yates and Liam Buckley examine the ACIF regime for telecommunications industry self regulation.

March 2001
Volume 20, Issue 1 2001

Broadcasting Regulation in Review

Suzanne Shipard looks at the past few years of Aostralia's Broadcasting Regime and asks whether new legislation is required to accommodate the rapid convergence of broadcasting technologies.

Interactive Television Emerges

Lisa Vanderwal takes a critical view of the Broadcating Services Act and examines the emerging building blocks of interactive television.

Is Forwarding an Email an Infringement of Copyright?

Richard Pascoc and Mia Garlick take a look at the status of emails in light of the recent Digital Agenda Act.

Personality Rights in Australia

Ann Slater looks at possible avenues for Australians to protect performance rights and rights in personalities.

The Communication Power: The Real Threat to States' Rights?

Holly Raiche looks at the gradual extension of the Commonwealth's communication power and questions the basis of some recent legislation

Local Councils Claw Back Power Over Teleos

Shane Barber and Lisa Vanderwal examine the recent trend towards re-empowering local councils and the community over telecommunications rollouts.

Regulatory Outcomes in a Competitibe Market: Mobile Termination Pricing

Angus Henderson provides an overview of the sometimes complex approach taken by the ACCC in determining pricing principles for certain telecommunicationservices, in this case, the termination of GSM mobile calls.

December 2000
Volume 19, Issue 4 2000

POLICING THE INTERNET IN SINGAPORE: FROM SELF-REGULATION TO AUTO-REGULATION

The 2000 CAMLA Essay Prize winner was Terence Lee, a Phd candidate at Adelaide University. Terence provides a thoughtful analysis of Singapore's auto-regulation of the lntemet and questions whether this is the only viable way to regulate cyberspace.

E-MARKETS... THE NEXT WAVE?

Christina Rich and Shane Barber provide an overview of the tax and legal implications of the current online phenomenon of vertical and horizontal e-markets.

THE NEW DIGITAL COPYRIGHT LAW

Raani Costelloe examines the Copyright Amendment (Digital Agenda) Act :2000 providing both an insightful analysis and depth discussion of this long awaited revision to the Copyright Act.

INTELLECUTAL PROPERTY RIGHTS AND THE INTERNET

Fleur Hinton provides a useful overview of the challenge to apply rights which are usually nationally based to the interact.

"YOU'VE GOTAFRIEND" OFFICIAL INTERNATIONAL CO-PRODUCTIONS

Theresse Catanzariti and Caroline Verge join forces to show that in tho world of film it is better to have friends then to go"Hans" solo.

AMBUSH MARKETING - THE OLYMPIC EXPERIENCE

Now that the Sydney Olympic games are well and truly over Odette Gourley looks at some of the legal issues arising out of the advertising tactics of some of our major eorporates.

CORPORATIONS LAW GOES INTO BAT FOR BRADMAN

Hilary May Black looks at what lengths celebrities can go to iu order to protect their names and images from unauthorised use and whether that protection is enough.

September 2000
Volume 19, Issue 3 2000

COMPETITION POLICYAND CONVERGENCE - IS THERE A NEED FOR INDUSTRY SPECIFIC REGULATION?

The recent Productivity Commission Inquiry has raised the perennial question in telecommunications: is there is a need for industry specific competition regulation? Telstra's Mitchell Landrigan argues the no ease.

COMPETITION IN CONVERGING MARKETS

In our second article dealing with telecommunications competition regulation, Dan Lloyd and Peter Waters outline the case for the status quo.

INTERNET TELEVISION AND RADIO SERVICES -THE STREAMING CONTROVERSY

There has been plenty of bluster but little legal analysis of the intemet streaming controversy. Raani Costelloe provides a thoughtful analysis of the legal issues.

THE UPS AND DOWNS OFTHE NAPSTAR REVOLUTION

Mia Garlick provides a thoughtful analysis of the Napster revolution.

WHERE TO NOW? THE ON-LINE GAMBLING MORATORIUM

Lisa Vanderwal and Rebekah Cheney examine this controversial issue in light of the recent Senate debate.

RACIAL HATRED PROVISIONS APPLIED TO THE INTERNET

Michelle Hannah examines a landmark case before the Human Rights and Equal Opportunity Commission and its implications for the on-line industry.

LEGISLATION NOTE: BRADMAN DESERVES MORE THAN CORPORATIONS LAW

June 2000
Volume 19, Issue 2 2000

NO GUTS, NO VISION: THE POLITICS OF MEDIA DIVERSITY IN AUSTRALIA.

Peter Coroneos analyses some of the implications of the Government's approach to datacasting, digital TV and streaming onthe Intemet.

ON LINE PAYMENT SYSTEMS.

Catherine Parr and Lewis Grimm explore some of the key issues relating to online payment systems.

INTERNET BEST PRACTICE MODEL.

Lewis Grimm summarises the recently released Best Practice Model for conduct on the Internet.

BRIGHT LINES IN THE SPECTRUM: DATACASTING AS A CASE STUDY IN REGULATING CONVERGENT TECHNOLOGY.

Joanna Davidson examines the new legislative framework for datacasting.

OVERCOMING THE LEGAL BARRIERS TO E-BUSINESS.

The jury is out on the scope and extent of regulation of the lntemet. Catherine Dickson provides a compelling analysis of the issues.

CYBERTRADING - AUSTRALIAN REGULATORY ISSUES.

Niranjan Arasaratnam discusses some of the key regulatory issues relating to cybertrading.

March 2000
Volume 19, Issue 1 2000

INTERNET CONTENT CODES AND THE NEW REGIME IN AUSTRALIA

The new millennium heralded the introduction of interuet censorship legislation in Australia. Peter Coroneous of the IIA discusses the lnternet Content Codes which will govern ISPs and content hosts.

PROTECTING CONSUMERS ONLINE -AUSTRALIAN INITIATIVES

There is a growing need to protect consumers online. John Dyson of the Department of Treasury reports.

DATACASTING- THE LONG AND WINDING ROAD THAT LEADS...??

Luke Waterson critiques the recent government datacasting decision.

ACCESS THROUGH CABLE: WHO WlLL CONTROL THE CABLE INTERNET GATEWAY?

Washington DC Attorney, Ellen P. Goodman, analyses cable access issues in the US.

BOOK REVIEW: THE INFORMATION POLICY MAZE

Ross Kelso reviews a new publication, 'The Information Policy Maze - Global Challenges - National Reponses', by Dianne Northfield.

'FOR THOSE ABOUT TO ROCK' CYBERSIMULCASTING LIVE MUSIC ON THE INTERNET

Therese Catanzariti offers a lively analysis of the intellectual property issues in cybersimulcasting.

September 1999
Volume 18, Issue 3 1999

THE FORMULATION OF GOVERNMENT POLICY FOR THE INTERNET

At a recent e-business symposium, Dr Rod Badger discussed some of the key drivers for the formulation of Government policy for the lnternet.

THE STRUCTURAL FRAMEWORK: ENCOURAGING CREATIVITY OR STAGNATION?

Singer and lawyer Karen Knowles seeks greater protection for artists' expression.

PROTECTION FOR INTERNET CONSUMER TRANSACTIONS-A PURPOSE-BUILT INTERNATIONAL CONSUMER PROTECTION CONVENTION

Consumer protection for the Interact is a growing concern for governments across the globe. Daril Gawth argues the case for an international consumer protection convention.

LOVE THY COMPETITOR - INTRODUCING THE FACILITIES ACCESS CODE

Matthew McLennan explains the intracacies of the ACCC's Facilities Access Code.

ENCRYPTION,THE INTERNETAND BERNSTE1N V. DEP'T OF JUST1CE: THE FIRSTAMENDMENT RESCUES ELECTRONIC COMMERCEAND INTERNET PRIVACY

US export restrictions for encryption software have long denied the Australian IT industry valuable cryptography technology. US attorneys Kurt Wimmer and Dawn Nunziato discuss how freedom of speech and privacy were used to strike down the export restrictions.

INTERNET CENSORSHIP: THE ABA RESPONDS

In a letter to the Editors, Jon Porter of the ABA responds to the article "lnternet Censorship: See No Evil, Speak No Evil, Hear No Evil" published in the last edition of the CLB.

FAIRWHEELINGAND DEALING

Does Channel 7's multi million dollar payment for exclusive Olympic broadcast rights in Australia guarantee it absolute exclusivity? Geoff Dilworth examines how the fair dealing provisions of the Copyright Act allow some legitimate erosion of exclusive rights by competitors.

June 1999
Volume 18, Issue 2 1999

INTERNET CENSORSHIP: SEE NO EVIL, SPEAK NO EVIL, HEAR NO EVIL

New CLB Co-Editor Niranjan Arasaratnam analyses the pitfalls of, and myths surrounding, the Government's Censorship Act.

THE CENSORSHIP ACT: WHAT IT MEANS FOR ISPs

David Doduoski provides an industry perspective on some of the tools available to the Interact industry to comply with the Censorship Act.

PRODUCTIVITY COMMISSION INQUIRY: THE PBLVIEW

PBL gazes into the media crystal ball and finds outdated and anachronistic cross-media and foreign ownership rules.

CONVERGENCE -THE ARGUMENT OF CONVENIENCE?

The Productivity Commission is looking into the future of broadcasting legislation in Australia. Rachael Osman examines the industry push to get rid of the existing cross-media ownership restrictions.

THE UNIVERSAL SERVICE OBLIGATION- RECENT EVENTS AND COMING ATTRACTIONS

Caroline Lovell examines recent developments in relation to the provision of the USO and outIines some future developments already on the horizon.

STOPPING SIGNAL PIRACY

Signal piracy is a growing problem for television operators in Australia. Mark Barnford reports.

INFORMATION WARFARE: CHANGINGTRADITIONAL NOTIONS OF AGGRESSION

Tanya Ross-Gadsden discusses the need for regulators to recognise the impact individuals have in cyberspace, and how individualised "cyberweapons" reshape traditional notions of aggression.

March 1999
Volume 18, Issue 1 1999

ELECTRONIC TRANSACTIONS BILL TAKES SHAPE

In January 1999 the Federal Attorney General\'s Department released for public comment its draft Electronic Transactions Bill and an accompanying Explanatory Paper. Shane Barber reports on the proposed e-commerce legislation.

THE DIGITAL CHANNEL PLAN ADMINISTRATIVE ACTION OF LAW?

Holly Raiche considers the nature and significance of the digital channel plan and the role of the ABA as law maker.

ABORIGINAL ARTWORK, COPYRIGHT LAW AND THE PROTECTION OF RITUAL KNOWLEDGE

Martin Hurdle, counsel in Bulun Bulun v R & T Textiles, looks at the evolving relationship between the Federal Court and Aboriginal leaders in recent copyright cases concerning Aboriginal artworks.

"IF YOU THINK DIGITAL WATCHES ARE A PRETTY NEAT IDEA ..."

Therese Catanzariti analyses the Copyright (Digital Agenda) Bill.

IS THE "USER PAYS" PRINCIPLE AT RISK IN AUSTRALIA'S COPYRIGHT ACT?

Simon Lake of Scmenrights spoke at the 'Copyright Futures Seminar' about the organisation\'s concerns about the CLRC recommendations to expand the 'fair dealing' rules.

LIABILITY FOR ELECTRONIC COMMUNICATIONS

Karen Knowles outlines some relevant issues regarding liability for defamatory electronic communications and some practical guidelines for developing an internal e-mail policy.

December 1998
Volume 17, Issue 4 1998

JUDGEMENT SUMMARIES: PRAGMATIC REFORM AT THE NEXUS OF LAW AND MEDIA

Finna Ring won the 1998 CAMLA Essay Prize with this paper, which examines judgment summaries as a practice developed by the Courts to improve communication between the law, media and the public.

ACCESSORIES AFTER THE FACT: THE MEDIA AS ACCOMPLICE TO PATRIARCHAL MYTHS OF THE FEMALE OFFENDER

Louise Falconer looks at myths concerning the female offender perpetrated by the media and their impact on women and society.

AUSTRALIAN TELECOMMUNICATIONS POLICY IN THE NEW MILLENNIUM: A GLOBAL PERSPECTIVE

Valerie McKay looks at the way in which key global regulatory and teclmologlcal developments rather than domestic considerations vail play an increasingly stronger role in the shape of future telecommunications regulations and legislation in Australia.

THE POLICE VIDEOTAPE RECORD OF INTERVIEW AS "DOCUMENTARY": ITS USE AND IMPLICATIONS FROM A FILM THEORY PERSPECTIVE

Jean Burton explains the links between Police Videotape Interviews and prime time entertainment.

CHILD ON-LINE PROTECTION ACT HALTED FOR NOW

John Corker looks at the battle over the Child On Line Protection Act in the United States.

SOUND UNLIMITED: MUSIC AND COPYRIGHT IN CYBERSPACE

Mark Bamford looks at how the music industry is moving its business on-line and the response of various copyright collection societies.

FOOTBALL, MEATPlES, KANGAROOS AND HOLDEN CARS ...AND KIWIS FRUIT

Therese Catanzariti and Diane Hamilton review the release of draftAustralian ContentStandard for Commercial Free to Air Television.

September 1998
Volume 17, Issue 3 1998

RETRANSMISSION RIGHTS: THE FREE-TO-AIR BROADCASTERS' VIEW

Bridget Godwin reports on the free-to-air broadcasters' views on the Broadcasting Services Amendment Bill 1998.

CAMLA ESSAY PRIZE DETAILS

ASTRA'S VIEWS ON RETRANSMISSION

This is an edited excerpt from the recent submission of ASTRA to the Senate Environment, Recreation, Communications and the Arts Legislation Committee by Tom Meekddge, former Chairman of ASTKA and CEO of Foxteh

DATACASTING DEFINED, OR "DATA IS DATA IS BITS IS BITS IS BITS"

Holly Raiche analyses the new digital conversion legislation.

UPDATE ON INTERNET TELEPHONY

Michael Mucller and Claudine Tinellis look at the current slate of Interact telephony in Australia.

LOCAL NUMBER PORTABILITY: "YOU MAY EXPERIENCE A SHORT DELAY.... "

David Stewart considers the technical and regulatory challenges surrounding local number portability and some long-term benefits of intelligent network solutions.

CRYPTOGRAPHY POLICY: OVERDUE FOR REFORM

Greg Taylor of Electronic Frontiers Australia, looks at the regulation and policy surrounding cryptography and highlights the problems with current local export restrictions.

NEW COPYRIGHT LAWS

Karen Gettens reports on the latest amendments to the Copyright laws and also discusses the recognition of moral rights in Australia.

June 1998
Volume 17, Issue 2 1998

TRUE BLUE V. BLUE SKY - AUSTRALIAN CONTENT STANDARDS IN DOUBT

Jacqueline Brosnan looks at the recent High Court decision involving the Australian Content Standard and Project Blue Sky.

THE BLUE SKIES DECISION AND INTERNATIONAL LAW

Extract from a paper delivered on the recent High Court decision and its consequences by the Chairman of the ABA, Professor David Flint.

THE "NOT SO NEAT" TREATY PROVISION

John Corker from the ABA examines the effect of section 160(d) of the Broadcasting Services Act in the light of the Project Blue Sky decision.

FIRST IMPRESSIONS - LESSONS FROM CHAKRAVARTI

Anne Flahvin considers some recent judicial pronouncements which offer an insight into how judges think ordinary people "read" the media.

E-COMMERCE AND MANKIND'S LAST GREATEST HOPE ON EARTH

Ira Magaziner, President Clinton's Special Advisor for policy development for the Interact and e-commerce outlines the issues facing e-commerce and the development of the Interact and the principles governments' should adopt to deal with them.

"WE DELIVER" - E-COMMERCE AND AUSTRALIA POST

Linda Nicholls, the Chairman of Australia Post, describes the practical - and profitable - examples of e-commerce in action with Australia Post.

FED EX, THE NET AND THE VIRTUAL GLOBAL WAREHOUSE

William T. Con!ey, Jr. explains how Federal Express is using e-commerce to build the virtual global warehouse.

THE GOVERNMENT'S PROPOSALS FOR COPYRIGHT REFORM: THE DIGITAL AGENDA

David Rees at tile Commonwealth Attorney-General's department explains tile latest proposals for reform of the Copyright Act.

"CONVERGENCE": REFORMS FOR NEW MEDIA TECHNOLOGIES OR JUST ANOTHER PLUG-IN? Tim Dwyer from the ABA examines the utility of the term "convergence" and the complex factors to be considered when formulating a regulatory response.

March 1998
Volume 17, Issue 1 1998

DIGITAL TELEVISION

Tony Branigan, the General Manager of the Federation of Commercial Television Stations (FACTS), presents the free to air TV broadcasters' view of how digital television should be introduced in Australia.

A FAIR GO FOR DIGITAL BROADCASTING

Debra Richards, the Executive Director of the Australian Subscription Television and Radio Association (ASTRAL presents the contending view of the pay TV and other subscription services industries.

DTTV: SERVICES AND FUNDING

Malcolm Long, former Managing Director of SBS provides his view of the digital television debate, the overseas experience and the government broadeasler perspective.

DVB OR NOT DVB?

John Collette, Head of Technology at the Australian Film, Television and Radio School, provides a technical reality check on the digital television debate.

WILL PICS TORCH FREE SPEECH ON THE INTERNET?

Irene Graham examivtes the widely endorsed PICS proposals for Internet content labelling and the underlying censorship implications.

MELTDOWN TO LIBERALISATION: TELECOMMUNICATIONS IN ASIA

Chris Shine and Jacqui Brosnan look at the liberalisation of the telecommunications industry in Asia in the context of the WTO agreement and provide a snapshot of current developments.

OPRAH AND THE TEXAS CATTLEMEN: FOOD DISPARAGEMENT LAW IN THE US AND AUSTRALIA

Anne Flahvin outlines the recent US developments in food disparagement law and considers what, if any, restrictions apply in Australia to the disparagement of food products.

PRESIDENT'S REPORT - CAMLA 1997

Camla President, Victoria Rubensohn gives her report for the year that was.

December 1997
Volume 16, Issue 4 1997

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'.

September 1997
Volume 16, Issue 3 1997

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.

May 1997
Volume 16, Issue 2 1997

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.

March 1997
Volume 16, Issue 1 1997

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

December 1996
Volume 15, Issue 4 1996

SUPER LEAGUE: FULL FEDERAL COURT PREFERS COMPETITION ON AND OFF THE FIELD

Murray Deakin reviews the key findings of the trial judge and the Full Federal Court in the Super League case and examines some of the case's implications.

A NEW STANDARD TELEPHONE SERVICE?

Holly Raiche analyses the expanded definition of 'Standard Telephone Service' in the Telecommunications Bill 1996 and explains why it has implications which require closer examination.

THE POTENTIAL OF THE INTERNET FOR LAW AND LEGAL SERVICES

Simon Rice and Santha Davey outline how network technologies ranging from the Law Foundation's proprietory network to the Interact benefit both the legal profession and the public.

VOD: BROADCASTING OR TELECOMS?

Grantly Brown outlines developments in the provision of Video on Demand (VOD) in Hong Kong, including an analysis of the recent decision on the regulatory status of VOD in Hong Kong.

INTERCONNECTION FROM THE NEW ENTRANT'S PERSPECTIVE

Mei Poh Lee gives an account of New T&T's regulatory and commercial interconnection battles, as a new carrier in Hong Kong's telecommunications market, and provides comment on strategic issues and the role of the regulator.

SECOND COMMERCIAL TELEVISION SERVICES IN SMALL MARKETS

Gillian Saville and Alison Jones discuss the 'one station to a market' restriction imposed by the Broadcasting Services Act in the context of a recent decision by the Administrative Appeals Tribunal.

APPLICATION FOR REVIEW OF A DETERMINATION OF THE AUSTRALIAN COMPETITION AND CONSUMER COMMISSION REVOKING AUTHORISATION No. 3005

Annabel Archer provides a Case Note on the Australian Competition Tribunal's decision to revoke authorisation for the Media Council of Australia's Accreditation System.

AUSTRALIA'S IDENTITY CRISIS: THE COST OF CLOSER INTERNATIONAL RELATIONS

Angus Henderson & Michelle Kelly explain why the Federal Court held that New Zealand programmes can constitute 'Australian Content' and outline the ramifications of the decision.

September 1996
Volume 15, Issue 3 1996

THE ABA ON-LINE SERVICES INVESTIGATION

Kaaren Koomen summarises the findings and recommendations of the Australian Broadcasting Authority's report on regulating on-line services.

SATELLITES - THE INFORMATION SUPERSKYWAY?

Chris Deacon argues that the role for satellites in the global information infrastructure should not be underestimated.

PRESERVING AND RE-SHAPING THE ABC

Brian Johns emphasizes the ongoing importance of the ABC and gives his thoughts on the ABC's response to the budgetary constraints.

CONVERGENCE TOWARDS THE MILLENIUM: MEETING THE CHALLENGES TO GLOBAL ELECTRONIC COMMERCE

Diana Sharpe outlines some of the major issues challenging the development of legal and commercial rules for global electronic commerce and profiles some of the initiatives aimed at meeting the challenge.

INNOCENT DISSEMINATORS ON-LINE

John Corker argues that the 1995 NSW Law Reform Commission Report on Defamation fails to adequately address on-line issues.

DEVELOPING AUSTRALIA'S TELECOMMUNICATIONS INFRASTRUCTURE

Sue Ferguson discusses the impact of the Telecommunications National Code on the evolving structure of Australia's telecommualcatious industry.

IMPLEMENTING NUMBER PORTABILITY IN NEW ZEALAND'S DE-REGULATED TELECOMMUNICATIONS MARKET

Anne Hurley looks at why the introduction of number portability in New Zealand is a slow process.

CAMLA ESSAY PRIZE

DIGITAL RADIO ADVISORY COMMITTEE DISCUSSION PAPER

June 1996
Volume 15, Issue 2 1996

WHITHER THE BENEFITS OF PRIVATISING TELSTRA: THE CEPU VIEW

Ros Eason discusses the tension between the competing objectives of the privatisation of Telstra aud the policy to be adopted when the duopoly ends and argues against the privatisatinn.

CABLE RETRANSMISSION BY FOXTEL OF FREE-TO-AIR BROADCASTS: A REJOINER AND SOMME POLICY REFLECTIONS

Ian McGill responds to the Mallam/Palm article (CLB Vol 15 No 1) and argues the case on the re-transmission of free-to-air broadcast signals from the perspective of the pay TV operator.

MOBILE PHONE ADVERTISING AND THE TRADE PRACTICES ACT

Christina Hardy highlights some of the issues for the telecommanicalions industry which arise from the Federal Corot's decision on misleading and deceptive conduct in the advertising of a mobile telephone plan.

COMPETITION, CONTENT AND CULTURAL IDENTITY: WHY FREE-TO-AIR TV WILL THRIVE IN THE FUTURE

Keny Stokes, Chairman of the Seven Network, discussed the future broadcast television in the face of competition from pay television and converging technologies at a recent Cable and Satellite Television Conference.

THE LEGAL FRONTIER OF THE lNTERNET I

Robert Cumbew predicts that the United States reponse to the legal and regulatory challenges posed by the Internet will be the adaptinn and application of traditional legal principles.

THE LEGAL FRONTIER II

David Stewart critiques the US decision on copyright over computer networks and sees a tough road ahead for plaintiff's claiming infringement over the Net.

THE BRAVE NEW WORLD OF TELECOMS

Andrew Lambert advarges some ideas on the future global structure of the telecommunications industry.

March 1996
Volume 15, Issue 1 1996

TWO, FOUR, SIX, EIGHT - RETRANSMIT DONT WAIT

Paul Mallam and Kristine Palm discuss the recent Federal Court decision concerning the rctransmission of free-to-air broadcast signals by a cable Pay-TV network.

COMPETITION AND PAY-TV

Andrew Windybank won the 1995 CAMLA Essay Prize with thisarticle which examines and analyses compotition issues in Pay-TV.

PROPOSALS TO REFORM DEFAMATION LAW IN NSW

Kendall Odgers discussessome of the proposals in the New South Wales Reform Commission's Report on Defamation which, if adopted, would be a significant departure from existing law.

DEFAMATION - MEETING OF MINDS

Patrick George outlines the innovative procedure of 'Early Neutral Evaluation' in defamation cases.

THE LAW OF HATE SPEECH

The difficult balance between protecting freedom of speech and regulating 'hate speech' is the subject of this talk by Milton Urofsky.

STOP PRESS

December 1995
Volume 14, Issue 4 1995

MUSIC ON HOLD: FULL FEDERAL COURT FINDS FOR APRA

Simon Gilchrist examines the decision and implications of the appeal decision in APRA Ltd v Telstra Corporation Ltd.

LOCAL PRODUCTION OPPORTUNITIES IN PAY TV

Jack Ford argues that the development of Australian drama for pay "IV may be stifled.

TOWARDS COMPETITION AND OPEN ACCESS ON CABLE NETWORKS

Annabel Butler summarises the Telecommunications (Service Providers Class Licence) Direction No. I of 1995.

LEGAL ISSUES IN MULTIMEDIA:

MAKING MULTIMEDIA DEALS IN THE INTERACTIVE AGE

Martin Cooper reports on a conference looking at the issues.

RENTAL AND PUBLIC LENDING RIGHTS

Bridget McKenna & Michael Fraser examine the application and scope of rental and public lending rights in multimedia.

TELECOMMUNICATIONS AND THE DISABILITY

DISCRIMINATION ACT

Rachel Francois examines the recent Human Rights and Equal Opportunity Commision decision.

AFFER THE FIRST HUNDRED YEARS

Anaddress to CAMLA by the Chief Censor, Mr John Dickie.

PAY TV REGULATORY CHALLENGES - A SPORTS PERSPECTIVE

Dene Moore discusses anti-siphoning.

COMMUNICATIONS NEWS

A looseleaf supplement to the Communications Law Bulletin (Vol 14 No. 4) - edited by Inn McGifi.

September 1995
Volume 14, Issue 3 1995

THE VISUAL ARTIST IN THE GLOBAL INFORMATION ECONOMY

Peter Drahos examines some recent developments on the Australian and international level.

INSULTS ON THE INTERNET

Recent UK defamation cases may change the nature of internet discourse permanently - a report from Denton Hall, Solicitors.

APPLICATIONS FOR EDITOR CROSS-BORDER TELEVISION BROADCASTS

Ian McGill and tan Carroll discuss issues relating to the regualtion of satellite broadcasts. David Williams outlines amendments to the Corporations Law in relation to prescribed interest schemes and prospectuses and how they'll affect division 10BA qualifying films.

FINANCIAL REPORTING OBLIGATIONS AND PRESCRIBED INTEREST SCHEME

The September 1994 changes to financial reporting obligations in relation to prescribed interest schemes.

THE LIFE AND TIMES OF A PROSPECTUS

The September 1994 changes relating to prospectuses - life, content and method of correction.

CAMLA ESSAY PRIZE

TRANSPARENCY, PRESCIENCE AND SPEED - BROADCASTING IN THE NEW SOUTH AFRICA

Victoria Rubensohn reports on the challenge of broadcasting regulation in South Africa .

COOL OR GROSS CHILDRENS TV

Catherine West reviews recent developments in childrens television.

WHAT PRICE ACCESS

Don Robertson and Brnce Meagher discuss the Privy Council's decision on the use of market power.

IMPROPER "USE" OF DATA

Sheila McGregor and Lesley Sutton discuss the implications of an English Court of Appeal decision for laws covering computer-held data and electronic data communications.

NATIONAL RADIO SERVICES FOR, AND BY, INDIGENOUS PEOPLE

A new chapter in Australian broadcasting begins with the launch of the national Indigenous Radio Service.

June 1995
Volume 14, Issue 2 1995

THE POLITICS OF CULTURE

Martin Cooper critiques the Federal Government's "Creative Nation" policy statement

THE REAL ISSUES IN "WHO WEEKLY"

Kaaren Koomen reports on the issue of identification and identifying the real issue

MULTIMEDIA - WHAT'S ALL THE RACKET:

MULTIMEDIA: THE DOOM OF TELEVISION

lan McFadyen muses on the shift from passive medium to active art form

CONVERGING CULTURES

Jock Given expounds - what's going to happen as royalty-based industries converge with fee-based industries and everyone wants to acquire and publish everything?

MULTIMEDIA AND THE SUPERHIGHWAY

Bridget Godwin provides some thoughts on "multimedia", copyright and the licensing of works

LICENSING ISSUES FOR CONVERGING TECHNOLOGIES

Michael Perkins looks at a lexicon and suggests a system for indexing of works

COMMUNICATIONS AND MEDIA LAW ASSOCIATION (CAMLA) ESSAY PRIZE

The Communications and Media Law Association announces an essay competition in 1995

THE PRESENT STATUS OF TELECOMMUNICATIONS EVOLUTION IN EUROPE

Alain Valle of the Directorate General of Posts and Telecommunications, France, expounds

CAMLA COMES TO BRISBANE

PERFORMERS' RIGHTS: SOME RECENT DEVELOPMENTS

Libby Baulch outlines the 1994 Copyright Bill and the MIAC report on performer's copyright 3.5

FEATURE:

UNJUST ENRICHMENT AND UNFAIR COMPETITION - IS APPROPRIATION PER SE WRONGFUL

Professor Harvey S.Periman discusses the US tort of misappropriation and why it has received such little support

CONTINUOUS DISCLOSURE - AN ADDITIONAL LEGAL OBLIGATION

David Williams describes enhanced disclosure obligations and their impact on film investments

TELECOMMUNICATIONS AFFER 1997 - CARRIAGE, CONVERGENCE, CONSUMERS

Helen Mills, Director, Communications Law Centre reports on the CLC's conference held on 9 November 1994

THE CASE FOR COMPETITION IN SATEIALITE DELIVERED TELECOMMUNICATIONS SERVICES

Gregg Daffner, of PanAmSat. argues

COMMUNICATIONS NEWS

A Looseleaf Supplement to the Communications Law Bulletin (VolA4 No.2) - edited by Ian McGill

December 1994
Volume 14, Issue 1 1994

THE FLAWED PHILOSOPHY OF ANTI-SIPHONING

Rory Sutton discusses Pay TV, sport and siphoning

ELECTRONIC NEWSPAPERS - WHO OWNS THE COPYRIGHT?

Anne Davies examines the Copyright Law Review Committee's recommendations on ownership of employed journalists' copyright

THE SEVEN FIGURE OUCH

Paul Reidy and Nicholas Pullen review the second Carson defamation trial and the issues for the media - including the use of personal injury verdicts

NARROWCASTING FOR RADIO

Elizabeth Burrows tours the Australian Broadcasting Authority's discussion paper

DISTINCTLY NEW ZEALAND

Dr Ruth Hariey, NZ On Air, discusses New Zealand's broadcasting regime

STRANGE BEDFELLOWS - POLICE AND THE MEDIA

David Salter queries the relationship between police and the media

GEARING UP FOR THE AUTOBAHN

The Executive Summary of the Copyright Convergences Group's Report to the Federal Government

SBS: SHUFFLING THE BROAD AND THE NARROW

Malcolm Long, Managing Director SBS Corporation, charts the new course

THE NEW RIGHTS OF COPYRIGHT

Sue Gilchrist outlines the Proposed Moral Rights Legislation for Copyright Creators discussion paper

AND THE WINNER IS...

Catherine McGill discusses the protection of Olympic symbols, Sydney 2000 logos and names

IN THE PRURIENT INTEREST

Max Bonnell reports on the Burswood Casino's unsuccessful attempt to injunct "Real Life"

RECENT ACT DECISIONS

Noel Greenslade provides a round-up

EVIDENCE FROM TAPPING BEYOND THE PALE OK

Grantly Brown examines the latest House of Lords case on telephone tapping and suggests the UK falls short in its international obligations

May 1994
Volume 13, Issue 4 1994

FUND RAISING FOR FILMS - DOES "LIGHTNING JACK" REPRESENT A ONE OFF OR A WAY FORWARD INTO THE FUTURE?

David Williams discusses an innovative form of funding for films

NEW ZEALAND JUDGE FINDS NEWS MONITORING BUSINESS TO BE "PARASITIC"

Paul Sumpter reports on a recent decision involving TVNZ and Newsmonitor Services Limited

INDIGENOUS MEDIA IS A PRIORITY, AND NOT JUST A LUXURY

In this, the second of a two part article based on her 1993 Boyer Lecture, Dot West outlines the mechanisms for establishing a national Indigenous Media service

THE INNOCENT DISSEMINATION DEFENCE IN DEFAMATION

Paul Svilans reviews a recent decision on the defence of innocent dissemination in defamation proceedings and its implications for broadcasters

TELECOM'S TRIAL OF CALLING LINE IDENTIFICATION SERVICES

John Mackay reports on the introduction of calling number display and other telecommunications services

COPYRIGHT CONVERGENCE GROUP

Bridget Godwin describes the Group's functions and Terms of Reference

ASIA PACIFIC SATELLITE FALLOUT

Liz Fell reports

FEATURE - AUSTRALIAN AND AMERICAN LIBEL LAW REFORM

Prof David Flint, Chairman, Australian Press Council

CAST AND CREW CONTRACTS - ASC PROVIDES PROSPECTUS RELIEF

Katherine Sainty outlines a Class Order issued by the Australian Securities Commission

"MUSIC ON HOLD" COPYRIGHT TEST CASE - FUTURE CHALLENGES

Anne Peters looks at a recent important test case which considered the copyright implications of playing music to telephone callers placed on hold

RECENT ACT DEFAMATION CASES

Noel Greenslade provides a round-up

INTERCONNECTION ANDTHE DOMINANT MARKET POSITION IN NEW ZEALAND

John Mackay and Jane Trethewey report on the recent decision in Clear Communications Limited -v- Telecom Corporation of New Zealand and Ors.

GATT DEAL - WHAT ITMEANS

Jock Given outlines the practical consequences o[ the concluded Uruguay Round

A "REAL LIFE" TRESPASS ATTHE SANTA FE GOLD

Max Bonnell examines a recent Victorian decision on an attempt to prevent a broadcast of material obtained by concealed cameras

TO PRESELECT A CARRIER

Trish Benson discusses the recent preselection of long distance telecommunications carriers

VISCOPY ALMOST THERE

David Throsby proclaims the near arrival of a new collecting society

INSERT

COMMUNICATIONS NEWS

A Looseleaf Supplement to the Communications Law Bulletin (Vol 13 No 4)

September 1993
Volume 13, Issue 3 1993

INDIGENOUS MEDIA IS A PRIORITY, AND NOT JUST A LUXURY

Dot West argues for clear government policy, matched by funding to strengthen Indigenous media in Australia. In this, the first of a two part article based on her 1993 Boyer Lecture, West sets indigenous media in context.

THE FORMIDABLE PROCESS OF REFORM

Duncan Kerr, the Federal Minister for Justice, outlines the Government's proposed reforms to the Copyright Act

SUN BROUGHT TO EARTH ON SECTION 52

TRADE PRACTICES ACT CLAIM

Ross Duncan reports on a recent Federal Court decision which confirms that the editorial content of publications is protected from actions for misleading and deceptive conduct

"BOOTLEGS" REVISITED

Jim Dwyer and Andrew Wiseman report on the recent litigation brought by Sony Music against Apple House Music

PERFORMERS PROTECTION - THE GAP EXPOSED

Stephen Peach expounds upon the problems of and possible solutions to "unauthorised" sound recordings

REPORT - PROTECTING YOUR PROPERTY RIGHT IN NEW COMMUNICATIONS - SIGNALS, PROGRAMS AND TECHNOLOGY

A summary of the proceedings of the seminar held on 22 September 1993 sponsored by Communications & Media Law Association, Media and Communications Committee, Law Council of AustraIia, LAWASIA

EDMOND IN WONDERLAND

Georgina Waite reports on the recent decision concerning "comments" made by Edmond Capon on a portrait by Vladas Meskenas

RECENT ACT DEFAMATION CASES

Noel Greenslade provides a roundup

TRADING IN RADCOM LICENCES: SOME FUTURE SHOCKS

Paul Mallam examines the creation of a new spectrum licence and the tradeable nature of rights of access to the spectrum

REPORT - A REPORT ON SEMINARS CONDUCrED BY THE CENTRE FOR MEDIA AND TELECOMMUNICATIONS LAW AND POLICY AT THE UNIVERSITY OF MELBOURNE

Australian content: new rules and policies? The right to investigate and report

THE PROS AND CONS OF VARIOUS DISTRIBUTION METHODS FOR NARROWCAST AND PAY TV

Barney Blundell argues AAP's view that a regionalised system is the best method of distribution of emerging "IV services

COMMITTEE MEMBERS OF CAMLA 1993

June 1993
Volume 13, Issue 2 1993

FREEDOM OF EXPRESSION OR THE RIGHT TO LIE?

William Akel reports on some aspects of the freedom of speech debate

CABLE, CONVERGENCE AND MULTI-MEDIA: FURTHE CHALLENGES

Gina Case-Gottlieb explores some challenges for copyright law caused by technological developments

BEWARE THE WALLS HAVE EYES

David Salter examines the ethics of concealed TV cameras and sound recorders

THE CORRECT APPROACH TO DEFAMATION DAMAGES

Paul Reidy reports on the latest developments in the Carson case

PACIFIC RIM REPORT: BROADCASTING IN ASIA

Peter Westerway argues that broadcasters have responsibilities to their Asian audiences

RECENT CASES

A roundup of recent case law

THE SOUTH AUSTRALIAN WHISTLEBLOWERS PROTECTION ACT

Matthew Goode reviews the background to this new legislation

HEAR TODAY, GONE TOMORROW - LISTENING DEVICES REVISITED

Julie Eisenberg reviews the law regarding listening devices

WORLD REVIEW

A survey of some recent international developments

THE COLLECTION OF COPYRIGHT ROYALITIES

Charles Alexander and Murray Deakin report on the most recent battle over journalists' copyright

March 1993
Volume 13, Issue 1 1993

PIRATE PAY TV -- A VIABLE ALTERNATIVE?

Page Henry considers the possibility of pirate pay TV

THE NEW LICENSING REGIME

Jack Ford argues that the new licensing scheme is a disaster in the making

ETHICAL DILEMMAS AND LEGAL CONSEQUENCES

Ross Duncan considers the confidentiality of journalists' sources

PACIFIC RIM REPORT: HOW THE 90s WILL CHANGE BROADCASTING

Bruce Gyngell explains that the introduction of pay TV allows a chance to shape our cultural future

RECENT CASES

A roundup of some recent case law

PERFORMERS' RIGHTS

Gail Fulton argues that despite the introduction of performers' rights in Australia , they remain on the agenda

A PERSON SUITABLE FOR BROADCASTING?

Giles Tanner reviews the suitability test under the Broadcasting Services Act

NEW ZEALAND 'S NEW PRIVACY ACT

Blair Stewart outlines aspects of New Zealand 's Privacy Act 1993

OUR MEDIA: WHAT IS GOOD FOR AUSTRALIA PROBABLY IS NOT GOOD FOR BUSINESS

Stuart Littlemore opines on the state of the media

WORLD REVIEW

A glance at some recent international developments

December 1992
Volume 12, Issue 3 1992

JOURNALISTS IN CONTEMPT

Michael Sexton reviews some recent developments which threaten the confidentiality of a journalist's sources of information

PRIVACY IN NEW ZEALAND (SO FAR)

William Akel surveys some recent cases regarding a tort of privacy

ABA DEVELOPMENTS

An overview of the ABA during its first 2 months

PACIFIC RIM REPORT:. WESTWOOD THE COURSE OF EMPIRE

Rupert Murdoch provides a personal vision of Australia 's future

RECENT CASES

Gillian Saville reviews some recent case law

SHOPPING CENTRES AND THE INVESTIGATIVE WAY -- UNBALANCED AND PARTIAL, BUT NOT IN CONTEMPT

Anthony Mrsnik examines another unsuccessful attempt to restrain The Investigators

FORUM: CENSORSHIP IN THE 1990s

Janet Strickland argues that censorship creep is taking over

David Haines outlines the Policy of OFLC

Cathy Robinson examines film censorship

Marlene Goldsmith argues for restrictions on some material now generally available

Julie Steiner gives a publisher's perspective

PRIVILEGED COMMUNICATIONS

Queensland Attorney General Deane Wells revisits the issue of privileged communications

FREEDOM OF SPEECH UNDER THE AUSTRALIAN CONSTITUTION

Inn McGill reviews the freedom of speech case

COMPETITION, VIABILITY AND DIVERSITY OF SERVICE

Bob Peters argues that broadcasting regulators could learn from developments in the United States

JOURNALIST'S COPYRIGHT

Charles Alexander argues that employed journalists should cease to be the owners of copyright under the Copyright Act

WORLD REVIEW

Richard Phillips casts a glance across the international situation

WORLD TELEVISION

Chris Irwin surveys international developments and explains the BBC's approach to issues now facing Australia 's ABC

COMMUNICATIONS NEWS

Ian McGill and Bruce Slane review recent developments in a looseleaf supplement

September 1992
Volume 12, Issue 2 1992

TELECOMMUNICATIONS INQUIRY REVEALS COMPETITION PROBLEMS

Susan Lojkine outlines the findings of the New Zealand Commerce Commission

MEDIA OWNERSHIP: NEW ISSUES AND OLD REMEDIES

Mark Armstrong analyses some of the conundrums of regulation of media ownership

WHEN THE SCREEN BECOMES A BILLBOARD

Grantly Brown examines product placement in the US to determine likely legal developments in Australia

RECENT CASES

THE NATIONAL TRANSMISSIONAUTHORITY -- THE NEW FORCE IN BROADCASTING

Richard Lee and Phillip Edwards describe the rise of the National Transmission Authority

GROUP DEFAMATION AND THE VILIFICATION OF WOMEN

Jocelynne Seutt argues that a law against sex vilification would render most media depictions of women unlawful

COLLINSON BROADCASTING

An edited extract of Senator Bob Collins' first public address since the passage of the Broadcasting Services Act

THE TELECOM NEW ZEALAND CASE

Gina Cass-Gottlieb and John MacKay examine the implications of the Telecom New Zealand Court of Appeal case

THE INVESTIGATIVE JOURNALISTS WHO TRESPASS AGAINST US

Anthony Mrsnik reports on a recent unsuccessful attempt to injunct The Investigators from broadcasting a program

PACIFIC RIM REPORT:

TELECOMMUNICATIONS STRUCTURE AND DEVELOPMENT IN MALAYSIA

Gerald Wakefield reports on Malaysia 's system of telecommunications development

THE BROADCASTING ACT LIVES ON FOR REGIONAL RADIO

Jotm Corker outlines some Broadcasting Ac~ issues which will continue to arise in regional radio licence grants

PORNOGRAPHY AND VIOLENCE

Richard Read argues that case studies reveal a link between pornography and violent sex crimes

PORNOGRAPHY, FREE SPEECH AND THE STATUS OF WOMEN

Sarah Ress-Smith argues for a new rationale for the censorship of pornography

THE NEW FACE ON THE REGULATOR

Feter Webb outlines the role of the ABA

WORLD REVIEW: A GLANCE AT SOME RECENT INTERNATIONAL DEVELOPMENTS

MEDIA ACCESS TO COURTS IN SOUTH AUSTRALIA

Ross Duncan reports on some recent somersaults by the South Australian Supreme Court

OWNERSHIP AND CONTROL -- THE NEW APPROACH

Jack Ford examines the new approach to ownership and control in the Broadcasting Services Art

COMMIYNICATIONS NEWS

Recent developments in Australia by Ian McGill and in New Zealand by Bruce Slane

June 1992
Volume 12, Issue 1 1992

THE PRINT MEDIA INQUIRY

Paul Chadwick analyses the recommendations of the Senate Inquiry

THE FUTURE OF THE TELEVISION INDUSTRY

Gary Rice considers the implications of technological and regulatory change

REPUBLICATION OF DEFAMATION

Moira Saville examines liability for repetition of defamation

RECENT CASES

A survey of recent communications cases in Australia and New Zealand

PACIFIC RIM REPORT: THE AUDIO-VISUAL REVOLUTION 8 IN THE ASIA/PACIFIC REGION

Malcolm Long discusses far reaching changes within our region

COMMERCIAL VIABILITY: IS IT RATIONAL TO BE RADICAL?

Bob Peters responds to the BTCE proposal to abandon the commercial viability criterion in broadcasting legislation

ELECTORALDEFAMATION

Bruce Slane considers defamation suits for matter published during elections in New Zealand

NSW TELECOMMIYNICATIONS ACT 1991

Michael Carr reviews some of the issues raised by the enactment of this legislation

IS THERE METHOD IN TILE MADNESS?

Grantly Brown argues that the proposed regulation of content in the Broadcasting Services Bill is best understood as a series of compromises imposed on warring factions

PAY TV IN FOCUS

Nathalie Curtis discussed the film copyright issues raised by satellite delivered pay TV services Michaal Botein asks: is AUSSAT-B on the wrong course?

Richard Rowe addresses some program regulation issues

Kim Williams argues that the Government must examine broad criteria when selecting the successful pay TV bidder

Mark McDonnell examines the European experience and draws lessons for Australia

THE POLITICAL ADVERTISING BAN

Bill Childs and Ian McGill outline the arguments by both sides in the recent High Court challenge to the political advertising ban

COMPETITION REGULATION OF TELECOMMUNICATIONS

Brian Johns discusses the role of AUSTEL and the Trade Practices Commission on the regulation of telecommunications competition

MEDIA PORTRAYAL OF WOMEN

Christina Spurgeon discusses the regulation of media portrayals of women

WORLD REVIEW

A brief review of some international communications developments

FUN AND PROFIT WITH LIBEL

John Wicklein gives an American view of Australia 's defamation laws

RESTRICTION OF PUBLICATION ORDERS -- DOES THE MEDIA HAVE A RIGHT TO BE HEARD?

Ross Duncan considers two recent cases with conflicting approaches

INTERACTIVE TELEVISION

John MacKay reviews an emerging new technology and considers its privacy implications

COMMUNICATIONS NEWS -- RECENT DEVELOPMENTS IN AUSTRALIA AND NEW ZEALAND

Ian McGill and Bruce Slane review recent developments

December 1991
Volume 11, Issue 4 1991

COMMERCIAL VIABILITY UNDER THE MICROSCOPE

An analysis of commercial viability by the Bureau of Transport and Communications Economics challenges its usefulness

LOCAL NEWSPAPERS AND PREDATORY PRICING

Gina Cass-Gettlieb and Mark Dorney examine a recent trade practices case on newspaper advertising

PUBLIC DOMAIN FILMS

Kendall Odgers discusses the impact of international copyright laws on films in which copyright is about to expire

INTERCONNECTION OF MOBILE SERVICES

Ian McGill examines the new regulatory regime governing mobile telephone services and points out some of the pitfalls for service providers

FORUM: THE BROADCASTING SERVICES BILL

Peter Westerway examines the major features of the most sweeping overhaul of broadcasting regulation to take place in Australia

Bob Campbell gives a commercial broadcaster's perspective on the bill

Les Hell finds that the new bill will cause vast changes to Australian commdreial radio

John GriWlths inspects the teeth of the proposed Australian Broadcasting Authority

Beth McRae of Open Channel puts the community television case

Bob Weis puts the production industry's case for changes to the bill

IMPORTATION OF FOREIGN ACTORS

Martin Cooper discusses the background to recent changes to the Migration Regulations and argues the amendments will prove a laborious and arbitrary fetter upon Australian producers

WHO WILL BE GATEKEEPER?

Holly Raiche discusses the AUSTEL inquiry into privacy in telecommunications in Australia and suggests a number of ways consumers right to privacy can be protected

UNIFORM DEFAMATION BILL 1991

Peter Bartlett reviews the main features of this long-awaited bill

COMMERCIAL IMPACT OF THE UNIFORM DEFAMATION BILLS

Robert Todd discuses the practical effects of the new bill on broadcasters and publishers

PAY TV: A NEW POLICY FOR AUSTRALIA

Kim Beazley outlines the Government's plan for the regulation of Pay TV

JUDICIAL RECOGNITION OF THE INSERT BUSINESS

Alan Sorrell discusses a recent English case which found that publications can have valuable goodwill as providers of inserted advertising material

NOVEMBER AMENDMENTS: FUNDAMENTAL OR TECHNICAL?

Joan Malkin and Deena Shift discuss the November amendments to Section 137 of the Telecommunications Act and conclude that they could produce perverse results

NEW ZEALAND ACCESS TO THE AUSTRALIAN BROADCASTING INDUSTRY

Jim Stsvenson discusses the framework governing the trade in broadcast services between Australia and New Zealand and concludes that freer trade requires further micro-economic reform in Australia

BLASPHEMY IN A PLURALISTIC SOCIETY

Kerrie Henderson discusses the recent Monitor blasphemy case in Indonesia, and considers its implications for Australia

TECHNOLOGICAL DEVELOPMENTS IN THE MUSIC INDUSTRY

Randall Harper examines the implications of recent developments in technologies for copyright law and contracting in the music industry and argues that the legislators should be more pro-active

THE HIDDEN IMPACT OF THE LAW ON REPORTING

Julianne Schultz argues that not only the defamation laws but the legal system and commercial considerations constrain investigative journalism

ALCOHOL ADVERTISING IN NEW ZEALAND

Bruce Slane examines new solutions for regulation of the broadcast of alcohol advertisements

COMMUNICATIONS NEWS -- RECENT DEVELOPMENTS IN AUSTRALIA AND NEW ZEALAND

Inn McGill and Bruce Slane

September 1991
Volume 11, Issue 3 1991

BLASPHEMY AND RACIAL VILIFICATION

Robert err and Margaret Donaldson examine the "The Satanic Verses" case in the context of Australian and NSW Law

MEDIA ASSETS IN RECEIVERSHIP

MalcolmTurnbull and Cass O'Connor argue that recent receiverships of media companies indicate that the law or practice of receivership will have to change

MAKING 'UNIVERSAL SERVICE' WORK

Peter White argues that while Telecom/OTC's standard telephone service CSO is flexible it may not deliver enhanced network functions to all Australians.

REGULATION GONE BERSERK

Peal Mallam argues that the Broadcasting Amendment .Act 1991 will not hinder the Packer bid for Fairfax and be impossible to administer.

INJUNCTIONS IN DEFARMATION ACTIONS

Frank O'Dormall discusses recent cases which have challenged the courts" reluctance to grant injunctions and finds injunctions are still difficult to obtain.

COMPETITION REGION OF THE MEDIA

Professor Baxt argues that media acquisitions are a special case requiring advanced consideration by an independent body in the light of the public interest.

REVIEW OF PHONE TAPPING LAW

Beverley Schtwr discusses some disturbing aspects of the A-G's review of phone tapping powers

FORUM: THE PSAINQUIRY INTO THEPRICE OF SOUND RECORDINGS

Professor Alan Fals and Dr Jill WaLker, Carlos Suarez and Phil Dwyer

THE ROLE OF GOVERNMENT IN BROADCASTING REGULATION

Ann Davies argues that the Government's plans to emasculate its broadcasting regulatory body may rebound on it.

DEFAMATION LAW REFORM

Peter Collius, New South Wales Attorney-General, summarises the planned reforms to defamation laws.

MCA's ADVERTISING CODES

Angela McAdam reports on the TPC's inquiry into the administration of the Media Council of Australia's ad codes which found the system in need of some fine timing only.

FINE TUNING FILM CLASSIFICATION

John Dickie suggests a new PG-13 classification would reduce classification anomalies

THE PRINT MEDIA INQUIRY

Michael Lee, MP, discusses the terms of reference of the inquiry, its timing, predecessors and issues coasidered in its fLVSt hearings.

AUSTRALIAN CONTENT RESTRICTIONS

Sue Brooks argues that with the pressures faced by the TV industry today local content restrictions am still needed.

CHARTERS OF EDITORIAL INDEPENDENCE

Paul Chadwick and Frank Devine put the cases for and against charters of editorial independence

ORDERS FORBIDDING PUBLICATION

Michael Chestsrman discusses some recent decisions giving 'teeth' to non-publication orders.

FOREIGN CONTENT IN TV ADS

Martin O'Shannessy discusses the new foreign content restrictions for television ads and argues that while the reforms are a step forward there are still problems

DETERMININGFINANCIAL CAPABILITY

Tim O'Keefe explains hew the ABT determines whether a licensee is financially capable

ARTIST CONTRACTS IN ENTERTAINMENT INDUSTRY

Paul Caftan discusses the important changes in New Zealand in the wake of the Employment Contracts Act.

KEY LICENSING ISSUES

Ian Philip discusses the important role of carrier licence conditions in regulating the provision of telecommunication services to Australian

IS TOBACCO SPONSORSHIP ADVERTISING?

Katrina Henry examines the ABT Grand Prix inquiry which found that tobacco sponsorship was not tobacco advertising

HOW REALISTIC IS OPEN COMPETITION

John Crook examines the N

June 1991
Volume 11, Issue 2 1991

REFORMING THE BROADCASTING ACT

Peter Westerway discusses deficiencies in the Broadcasting Act revealed by recent Tribunal experience.

FREQUENCYTENDERING OR RETENDERING IN NZ

Bret Impey questions the fairness of the second tender round.

QUALIFIED PRIVELEDGE AND THE MEDIA

Don Cooper examines the background to this defence in Australia and finds it of limited application to the media

FORUM: TELECOMMUNICATIONS

Thomas Arthur of Telecom

Anne Davies of the Communications Law Bulletin

Robin Davey, Chairman of Austel

Brian Perkins of AAP

Alan Robertson of the Australian Telecommunications Users Group

CAMIA PRESIDENT'S AGM ADDRESS

Julia Madden's address to the sixth annual general meeting of CAMLA on 18 April 1991 ,

UPDATE ON RENTAL RIGHTS

Stephen Peach argues the A43's decision not to introduce a record rental right is based on a misconception about the relationship between rental rights and the blank tape royalty.

VICTORIAN INQUIRY PRINT MEDIA OWNERSHIP

Face Matthews, Creightun Burns, Sally Walker and Paul Chadwick respond to Grant Hattam's critique of their report.

SUPPRESSION ORDERS

Ross Duncan discusses the novel approch of the South Australian State Bank Royal Commission to extraterritorial suppression orders.

PRODUCT PLACEMENTIN AUSTRALIA AND NEW ZEALAND

William Van Caenegun argues that broadcasting and trade practices law are not adequate to regulate product placement in all cases.

PAY TV: WHY REGULATE

Rery Sottun examines the Industry Commission paper on the continuing prohibition of Pay TV being delivered to Australian households.

"AMERICAN PSYCHO":MISSING THE POINT

Rosemary Sorensen argues that BretEaston Ellis' controversial new book is a misunderstood scapegoat.

UNIFORM DEFAMATIONS LAWS - THEFINAL CHAPTER

Victoria 's Attorney-General, Jim Kennan, outlines the reforms proposed by the Attorneys, General of the eastern States.

BOOK REVIEWS

Peter Battler on ~Australian Defamation Laws and Practice

David Casperson on ~Aspects of the Law of Defamation in New South Wales

Peter Comans on "Misleading and Deceptive Conduct"


COMPETITION A SLOWTRAIN COMING

Mike Pickles explains how, in the face of a government's deregulatory policies, to hang on to a monopoly, Filipino style.

THROWING OFF THE TV POLICY CRINGE

Mark Armstrong argues that Australia 's television, having arrested the mass importation of foreign culture, is now poised as a promising export earner.

PROPOSED BAN ON POLITICAL ADVERTISING

Anthony Short argues the Federal Government's proposed legislation will not achieve its objectives and is in breach of international law.

NEW FEATURE! COMMUNICATION NEWS

Recent developments in Australia by Inn McGill and in New Zealand by Bruce Slane.

COMMITTEE MEMBERS OF CAMLA 1991

March 1991
Volume 11, Issue 1 1991

PROTECTING MASTHEADS

THE GATTAID AND THEAUSTRALIAN FILM INDUSTRY

INQUIRY IN PRINT MEDIA OWNERSHIP

CO-PR ODUCTIONS V. TLX314

NETWORKING AND AGGREGATION

December 1990
Volume 10, Issue 4 1990

COMPETITION LAW AND THE MEDIA

DEFAMATION LAW REFORM

RASKRICFIONS ON TOBACCO ADVERTISING

TELECOMMUNICATIONS RESALE ANDINTERCORMECFION

IMPLICATIONS OF RENTAL RIGHTS AND SAMPLING FOR COPYRIGHT ACT

 

September 1990
Volume 10, Issue 3 1990

TPC INQUIRY INTO NEWSPAPER DISTRIBUTION

FORUM: FOREIGN OWNERSHIP OF MEDIA

ABT V BOND

DE GRAIS & MOORE V NJP

DEREGULATION OF BROADCASTING IN NEW ZEALAND

 

June 1990
Volume 10, Issue 2 1990

FORUM: REGULATION OF PAY TV CONTENT

THE GREEN CASE, PROTECTION OF FORMATS

PRIVACY PROBLEMS

AM/FM CONVERSION

POLICE AND THE MEDIA

 

March 1990
Volume 10, Issue 1 1990

THE GREAT BOOK DEBATE

FOREIGN OWNERSHIP OF BROADCASTING LISCENEES

FOI: THE PROMISE OF THE REALITY

THE ECONOMICS OF AGGREGATION

DEFAMATION FOR AUTHORS

PONT DATA V, ASX

 

December 1989
Volume 9, Issue 4 1989

DOWD ON NSW DEFAMATION LAW REFORM

SAUNDERSON EXPLAINS THE SUBSCRIPTION TELEVISION REPORT

TRADING IN THE RADIO SPECTRUM: A LOOK AT BROADCASTING DEREGULATION IN NZ

ROS KELLY ON REFORM OF BROADCASTING REGULATION

THE BOND AMENDMENTS EXPLAINED

 

October 1989
Volume 9, Issue 3 1989

COMMISSIONER FITZGERALD ON THE MEDIA

THE NORTHERN TERRITORY GOVERNMENT AND ABORIGINAL COMMUNITY TAKE ON TELECOM

THE LAW OF MEDIA CONTEMPT: WHAT SHOULD IT PROTECT?

MORGUN V JOHN FAIRFAX

PAY TV: THE AUSSAT CASE

 

May 1989
Volume 9, Issue 2 1989

OF JUDGES AND JOURNALISTS AUSTRALIAN BROADCASTING TRIBUNAL -WHERE TO?

FM RADIO LICENCES - GRANT PROCEDURES

THE ACLA/MLA MERGER COMPLETE

 

January 1989
Volume 9, Issue 1 1989

DEFAMATION AND PARLIAMENTARIANS

AUSTRALIAN MUSIC - NEW PROGRAMME STANDARDS

NAMES OR NO NAMES?

TV- THE NEXT DECADE

 

September 1988
Volume 8, Issue 2 1988

CRIMINAL DEFAMATION AND THE ROAD TO UNIFORMITY

The NSW Attomey-General John Dowd believes there should be a break on individuals bringing defamation actions for personal reasons

PUBLIC SECTOR BROADCASTING IN AUSTRALIA: REDEFINING THE STATUS QUO

Huw Evans examines the SBS TV papers and finds them lacking in political realism and failing to come to grips with the marketplace of commercial television

WATERHOUSE V GILMORE & ORS

A rare criminal libel prosecution recently involved the ABC's television current affairs programme, Four Comers. Robert Kaye of the Sydney Bar surveys the decision on January 12, 1988 of Mr Justice Hunt

THE PROBLEM OF VIOLENCE

In this essay Will Wyatt assesses the influence of violence on British television and the obligations of the BBC to its audience

COMMUNICATIONS AND THE LIBERALS

The Liberal Party's Communications Policy promises increased competition and a less regulated market. Ranald Macdonald looks at the implications for media ownership

May 1988
Volume 8, Issue 1 1988

THE INTERFACE BETWEEN COMPUTERS AND COMMUNICATIONS

Susan Nycum, lawyer with Baker & McKenzie, Palo Alto, CA

THE HISTORY OF SOFTWARE PROTECTION

Martin Greenstein, works for Baker & McKenzie in its Chicago office

TELECOMMUNICATION IN THE COMMON MARKET

Joachim Scherer works for Baker & McKenzie, Frankfurt and is a Senior Lecturer, Faculty of Law, University of Frankfurt

THE PRIVATISATION OF TELECOMMUNICATIONS IN THE UK - A PRACTICAL EXAMPLE

John King is managing director of the Overseas Division of British Telecom, P.0.C.

MICHAEL LAW RETIRES

November 1987
Volume 7, Issue 3 1987

ACLA NEWS

US BRONDCAST REGULATION

TELECOMMUNICATIONS SEMINAR

A PROJECT APPROACH TO COMMUNICATIONS

WHAT IS CONTROL?

NARROWCAST: BRINGING LAW BACK TO THE PLANET

LIFE AFTER THE FDU REPORTS (PART 2)

 

August 1987
Volume 7, Issue 2 1987

THE FUTURE OF REGIONAL COMMERCIAL TELEVISION FOLLOWING EQUALISATION AND THE IMPLEMENTATION OF THE PROPOSED NEW MEDIA OWNERSHIP RULES

MEDIA OWNERSHIP AND CONTROL POLICY IN AUSTRALIA

LIFE AFTER %HE FDU TELEVISION AND FDU RADIO REPORTS (PART 1)

THE TRADE PRACTICES COMMISSION AND ITS APPROACH TO THE RECENT MERGERS IN THE MEDIA

 

February 1987
Volume 7, Issue 1 1987

ADDRESS BY C.C. HALTON, SECRETARY TO THE DEPARTMENT OF COMMUNICATIONS TO A.C.L.A., 5 DECEMBER, 1986

GUIDELINES FOR PROVISION OF VIDEO AND AUDIO ENTERTAINMENT AND INFORMATION SERVICES

THE RADIOCOMMUNICATIONS ACT AND TELEVISION PROGRAMS NOT TRANSMITTED FOR RECEPTION BY THE GENERAL PUBLIC

A.C.L.A. NEWS

NEWS BRIEFS

THE NEW INQUIRY - A PRACTICAL PERSPECTIVE

INTERNATIONAL SATELLITE AND CABLE TELEVISION SYMPOSIUM

 

October 1986
Volume 6, Issue 3 1986

SATELLITE VIDEO ENTERTAINMENT SERVICES - IS OUR LAW OFF THE PLANET TOO?

VIDEO AND AUDIO ENTERTAINMENT AND INFORMATION SERVICES

HOW NOT TO INTRODUCE TECHNOLOGICAL CHANGE

SUPERSTATIONS: A BASIC PROBLEM

NEW VIDEO ENTERTAINMENT SERVICES

COPYRIGHT LICENSING OF VAEIS

 

June 1986
Volume 6, Issue 2 1986

ACLA NEWS

AN OUTLINE OF THE NEW PUBLIC INQUIRY PROCEDURES OF THE AUSTRALIAN BROADCASTING TRIBUNAL

INTERNATIONAL FILM CO-PRODUCTIONS

NEWS: GOVERNMENT ABORIGINAL BROADCASTING CONUNUNICATIONS POLICY

COPYRIGHT BILL

CONTINUATION OF THE PERTH SAGA

AFTERMATH OF THE CONNOR REPORT

NEWS: THE FDU AM/FM CONVERSION REPORT

NEWS FROM CANADA: MAJOR IMPROVEMENTS RECOMMENDED FOR COPYRIGHT LEGISLATION

IMPERSONATION AND WRONGFUL USE OF NAME AND LIKENESS

NEWS: NATIONAL BROADCASTING SERVICES DEVELOPMENT COUNCIL

AUSSAT: TECHNICAL DIGEST

 

January 1986
Volume 6, Issue 1 1986

AMENDMENTS TO THE BROADCASTING AND TELEVISION ACT REGARDING PROGRAM STANDARDS

NETWORKING AND LICENSING

THE ABT'S WEST AUSTRALIAN REMOTE AREA LICENCE REPORT

THE PERTH SAGA

FREEDOM OF INFORMATION DECISIONS

RIGHT DECISION - WRONG RESULT: THE DEFINITION OF PUBLIC BROADCASTING

NEWS: GOVERNMENT WAIVES SALES TAX ON SATELLITE EARTH STATIONS

OWNERSHIP AND CONTROL STUDY BY THE FORWARD DEVELOPMENT UNIT

RADIO COMMUNICATIONS PRIVACY

 

October 1985
Volume 5, Issue 3 1985

AMENDMENTS RELATING TO RCTS

LICENCES

Martin Cooper

A TEA INQUIRIES & LOCAL ORIGINATION OF PROGRAMMES

Michael Law

THE BROADCASTING & TELEVISION AMENDMENT BILL

David Morgan

 

June 1985
Volume 5, Issue 2 1985

DEFAMATION

Robert Pullan

ADDRESS: UNIFORM DEFAMATION LAW

T. Sheahan

HOW STRONG IS THE CASE FOR GLOBAL ADVERTISING?

Wentworth Hill

FREEDOM OF INFORMATION ACT, THE ABT AND ABT 12 FORMS

Robyn Durie

RECENT CASES: COPYRIGHT TRIBUNAL SETS PHOTOCOPYING RATE

Robyn Durie

DIRECTIONS AS TO CONFIDENTIALITY IN THE ABT'S PERTH ENQUIRY

Robys Dune

THE CONNORS REPORT

Noric Dilanchian

RECENT PUBLICATIONS

April 1985
Volume 5, Issue 1 1985

TRIBUNAL NEWS

STUDY TO EXAMINE FUTURE DIRECTION OF COMMERCIAL BROADCASTING

THE TRIBUNAL'S RCTS LICENSING INQUIRY

CHILDREN'S TELEVISION STANDARDS

RECORD AND VIDEO RENTAL MEETING


UNESCO Headquarters, Paris, November 1984

CASE NOTES:

Saatchi & Saatchi Compton (Vic.) Limited v A.B.T. and Actors Equity Young & Rubican Cowdrey Pty. Limited v A.B.T. Pty.

BOOKS IN BRIEF

August 1984
Volume 4, Issue 2 1984

LEGAL RIGHTS FOR PERFORMERS - REPORT ON A CONFERENCE AT THE SYDNEY OPERA HOUSE, BY SUSAN BRIDGE, LEGAL OFFICER OF THE AUSTRALIAN COPYRIGHT COUNCIL

FREEDOM OF INFORMATION - REPORT ON NEWS CORP. LTD. V. NCSC [N~ G312 OF 1983]

COPYRIGHT ISSUES RELATING TO SATELLITE DISSEMINATION OF MATERIAL AND SIGNAL PIRACY - EXTRACT FROM PAPER BY PETER BANKI FOR SATELLITE LAW SYMPOSIUM IN SYDNEY

BOOKS

 

May 1984
Volume 4, Issue 1 1984

THE MINISTER FOR COMMUNICATIONS (MR DUFFY) ADDRESSES SUPPLEMENTARY LICENCE SEMINAR - EXTRACT ON RADIO & TV OWNERSHIP

DEPARTMENT OF COMMUNICATIONS REVIEW OF "LOCALISM" POLICY IN RADIO AND TELEVISION

WIRELESS TELEGRAPHY ACT UNDER CHALLENGE

DEPARTMENT OF COMMUNICATIONS DIRECTORY

BOOKS

 

December 1983
Volume 3, Issue 4 1983

THE FEDERAL ATTORNEY - GENERAL (SENATOR EVANS) REVIEWS AUDIOVISUAL COPYING PROVISIONS OF THE COPYRIGHT ACT 1968

CONTEMPT OF COURT - (EDITED) SPEECH BY JUSTICE SAMUELS OF THE NSW SUPREME COURT

BOOKS

 

October 1983
Volume 3, Issue 3 1983

ANDIO-VISUAL COPYRIGHT LAWS -- PROGRESS REPORT FROM OFFICERS OF THE ATTORNEY-GENERAL'S DEPT. (CTH.).

CONTEMPT LAWS -- THE AUSTRALIAN LAW REFORM COMMISSION REFERENCE -- MICHAEL CHESTERMAN.

INTERNATIONAL SATELLITE TELEVISION (CONCLUDING A TWO-PART REPORT OF A LOS ANGELES COMMUNICATIONS LAW SYMPOSIUM -- MARTIN COOPER).

ACCIDENTAL CIGARETTE ADVERTISING -- A.B.T. RESPONSE TO CRITICS.

DATA COMMUNICATIONS -- SEMINAR REPORT.

COMING EVENTS -- A DIARY OF COMMUNICATIONS' EVENTS.

 

August 1983
Volume 3, Issue 2 1983

MEDIA LAW REFORM -- FROM AN ADDRESS BY MR JUSTICE KIRBY, CHAIRMAN OF AUSTRALIAN LAW REFORM COMMISSION

ACCIDENTAL OR INCIDENTAL CIGARETTE ADVERTISING -- AN AUSTRALIAN BROADCASTING TRIBUNAL DRAFT POLICY STATEMENT

FREEDOM OF INFORMATION AND THE AUSTRALIAN BROADCASTING TRIBUNAL - BY ROBYN DURIE

BOOKS

INTERNATIONAL SATELLITE TELEVISION (A TWO-PART REPORT OF A LOS ANGELES COMMUNICATIONS LAW SYMPOSIUM) BY MARTIN COOPER

 

April 1983
Volume 3, Issue 1 1983

Australian Ocean Line Pty Ltd v West Australian Newspapers Limited and William Ross Harvey. Federal Court case report by John Mancy

Ethnic Broadcasting (ALP election policy)

Labor's Communications Policy (16.2.83)

Books

Letters

Freedom of Information Act

Radiocommunications Bill 1983

Publication suppression orders in South Australia

Uniform defamation, statement by Federal Attorney General Senator Gareth Evans

 

December 1982
Volume 2, Issue 5 1982

NETWORK

TERMINAL EQUIPMENT

SERVICES

EFFECTS ON THE AUSTRALIAN MANUFACTURING INDUSTRY

TELECOM'S OPERATION POLICIES AND ORGANISATIONAL EFFECTIVENESS

ORGANISATION MANAGEMENT AND MARKETING

STAFFING AND INDUSTRIAL RELATIONS

FINANCE

CAPITAL WORKS AND NETWORK MAINTENANCE

IMPLEMENTATION. TELECOM AUSTRALIA LIMITED

NEW TELECO~MUNICATIONS ACT

TRANSITIONAL ARRANGEMENTS

LICENCE RENEWAL SEMINA

 

November 1982
Volume 2, Issue 4 1982

CHANGES IN COMMUNICATIONS LAW, THE HON. NEIL BROWN, QC, MP

TELECOM IN THE 8O'S, SPEECH TO ACLA BY BILL MANSFIELD OF ATEA

FREEDOM OF INFORMATION LEGISLATION, COMMENT BY KEVIN O'CONNOR

THE ABC'S SPECIAL RESPONSIBILITY, SPEECH BY PROF. LEONIE KRAMER

LAW REPORTING IN VICTORIA, COMMENT BY JOHN SCHAUBLE

 

September 1982
Volume 2, Issue 3 1982

ABT CABLE & STV RECOMMENDATIONS - SUMMARY

 

July 1982
Volume 2, Issue 2 1982

DEFAMATION LAW REFORM

ACLA EXPANDS

CASE NOTE BY ROBYN DURIE

ACLA LUNCHES

CHANGES IN DEPARTMENT

 

April 1982
Volume 2, Issue 1 1982

THE TEN-1O ADVERTISING LOG CONTROVERSY, MARK ARMSTRONG

COMPARISON ADVERTISING, MICHAEL BLAKENEY

 

December 1981
Volume 1, Issue 4 1981

CHAIRMAN OF THE AUSTRALIAN LAW REFORM COMMISSION, MR JUSTICE M. KIRBY, LOOKS AT FUTURE DIRECTIONS IN MEDIA LAW IN AUSTRALIA, INCLUDING DEFAMATION, THE PROTECTION OF PRIVACY, THE CLOSURE OF COURTS, CONTEMPT OF COURT AND JOURNALISTS' PRIVELEGE

THE LAW RELATING TO CHARACTER MERCHANDISING IS OUTLINED BY ROBYN DURIE -- COPYRIGHT, REGISTERED DESIGNS, PASSING-OFF, THE TRADE PRACTICES ACT 1974 AND REGISTERED TRADE MARKS

BROADCASTING INQUIRIES IN CANADA -- A NOTE BY MATHEW SMITH

 

October 1981
Volume 1, Issue 3 1981

ADDRESS OF AUSTRALIAN BROADCASTING TRIBUNAL CHARIMAN, MR DAVID JONES, TO FACTS SEMINAR, CANBERRA, 21 SEPTEMBER 1981 (EXTRACT ONLY)

PAPER BY MR MATTHEW SMITH ON JUDICIAL REVIEW AND THE BROADCASTING AND TELEVISION ACT

FURTHER SUBMISSIONS TO CABLE AND SUBSCRIPTION TELEVISION SERVICES INQUIRY

HOW TO OBTAIN PAPERS PRESENTED AT THE SEMINAR NEW MEDIA: LAW AND POLICY IN SYDNEY ON AUGUST 22

 

July 1981
Volume 1, Issue 2 1981

ADDRESS OF AUSTRALIAN BROADCASTING TRIBUNAL CHAIRMAN, MR DAVID JONES, TO 24TH APRIL, 1981, LUNCHEON OT ACLA IN SYDNEY

LIST OF SUBMISSIONS TO CABLE AND SUBSCRIPTION TELEVISION SERVICES INQUIRY

DISCUSSION PAPER BY SENATOR JOHN BUTTON, A.L.P. SPOKESMAN ON COMMUNICATIONS, BASED ON HIS 20TH MARCH, 1981, ADDRESS TO AN ACLA LUNCHEON IN SYDNEY

"THE RICHARD NIXON LOOK-ALIKE CASE" -- A DECISION BY THE AUSTRALIAN BROADCASTING TRIBUNAL UNDER THE TELEVISION ADVERTISING STANDARDS

THE NATIONAL COMMUNICATIONS SATELLITE SYSTEM -- ISSUES FACING ADVERTISERS

MR R.B. LANSDOWN, SECRETARY, DEPARTMENT OF COMMUNICATIONS

 

April 1981
Volume 1, Issue 1 1981

CABLE TELEVISION: PROMETHEUS OF PARLIAMENT

COPYRIGHT AMENDMENT ACT 1980