April 26th, 2017

In this issue:

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


A hard copy will be also posted to members who have elected to receive the Communications Law Bulletin this way. If you want to check or change your delivery preference, please contact: Cath Hill - camla@tpg.com.au


We hope you enjoy this issue and welcome any feedback.



April 23rd, 2017

"Kim Dalton is the author of Platform Papers 51, Missing in Action: The ABC and Australia’s screen culture, published 1 May. Kim Dalton is a respected broadcast and public policy professional, who as CEO of the Australian Film Commission led the policy debate around Australian content on television. As Director of ABCTV (2006–13), he increased funding for Australian programs and steered ABC TV into the digital era. Now, half a decade later, he reflects on how lack of governance and an inadequate, outdated Charter have undermined an effective policy framework built up over sixty years.

In his powerful essay, Dalton challenges Australia’s foremost cultural institution. At our breakfast he expands his discussion of the ABC’s responsibilities and the need for creative engagement with the independent production sector, and the cultural challenges of the digital world.

‘Using its status as an independent statutory authority’, he writes, the ABC ‘now disregards transparency, accountability and engagement with policy objectives, and instead pursues an internal agenda and its own priorities. He calls for a new Charter that defines the ABC’s responsibilities as a cultural leader; and sets proper measures to achieve them."


PURCHASE TICKETS @ currencyhouse.org.au/node/231

March 17th, 2017

The Law Council of Australia (International Law Section) are generously offering CAMLA members a discount to their upcoming 'Freedom of Speech' seminar.

Upon registration, you will also receive free membership to the International Law Section for the first year.


Post-truth, alternative facts, Russian hacking, fake news…has technology
trumped defamation legislation? Our panel of speakers review recent
decisions both in Australia (Toben v Nationwide News Pty Ltd [2016] NSWCA
296; Google Inc v Trkulja [2016] VSCA 333) and around the increasingly
shrinking globe.

Justice Lucy McCallum, Defamation List Judge, Supreme Court of NSW
Professor D K Rolph, University of Sydney
Sandy Dawson SC, Barrister
Matthew Richardson, Barrister
Richard Ackland, Justinian, Gadfly, Gazette of Law and Journalism and the
Kate McClymont, Sydney Morning Herald
Michaela Whitbourn, Sydney Morning Herald
Chair: Judge Gibson (Co-Chair of the ILS Comparative Law Committee)

Thursday 30 March 2017
4.30 pm - 7.30 pm
Marque Lawyers
Level 4, 343 George Street
Sydney NSW 2000

Cost ILS members: $50.00
(including CAMLA members)

Non-members: $65.00
Students: $25.00


RSVP 23 March 2017 (limited places available)

You can register here and please note that you are a CAMLA member on your form:


February 21st, 2017

Tuesday 7th March
6:00pm for 6:30pm
King & Wood Mallesons

Level 61
Governor Phillip Tower,
1 Farrer Place, Sydney

Don't miss the CAMLA Young Lawyers networking event for young lawyers with an interest in the media and communications industries.

This year's panel will discuss their career paths and professional highlights and challenges:

Richard Cobden SC, Barrister, Nigel Bowen Chambers

Rachel Launders, General Counsel and Company Secretary of Nine Entertainment Co

John Pender, Executive Director of the Australian Press Council

Katrina Rathie, Partner in Charge, King & Wood Mallesons

The finalists of the CAMLA essay competition will also be announced.

$20.00 (incl GST)

Register now here.
Enquiries: camla@tpg.com.au or 02) 4294 8059

February 21st, 2017

In March the Australian Copyright Council will host three webinars dedicated to the professional development of legal practitioners.

Over three weeks we will live stream hour-long webinars for legal practitioners to gain CPD/CLE units* and brush up on their copyright knowledge. Topics include:

•Hot Topics: Summarising some of the major happenings in Australia and overseas in 2016 with reference to proposed amendments to the Copyright Act and to the implications of the Productivity Commission.
•Managing copyright risk in your legal practice: For lawyers seeking to understand this specialised area of law in a practical sense as it applies in their day to day work.
•Social Media for Lawyers: We take a close look at copyright issues relevant to legal practitioners to work out what your rights and responsibilities are online.

Prices start from $90 per session with the first webinar scheduled for March 8 at 12:30pm AEDST. \

Bookings and registrations can be made at:

For enquiries please contact us at infor@copyright.org.au or 02 9101 2377.

*Legal practitioners may claim Continuing Legal Education (CLE) units for sessions relevant to their continuing professional development (CPD) and practice of law, excepting practitioners in Western Australia

February 7th, 2017

CAMLA seminar:  Fair Use, Flexibility, Innovation and Creativity

6:15pm for a 6:30pm start
(followed by drinks and canapés)
Clayton Utz, Level 15, 1 Bligh Street, Sydney

The Productivity Commission’s IP report has once again brought fair use and flexibility to the fore in the Australian copyright debate. The PC says it is important for productivity and innovation, others say it means uncertainty for creators. This is a rare opportunity to hear the world’s leading experts on fair use to discuss how it works in practice, what it would mean for Australians, and why there is a global trend towards more flexibility in copyright.

Our distinguished panel:

Professor Patricia Aufderheide, University Professor, School of Communication, American University and Fulbright Scholar 2017
Professor Sean Flynn, Associate Director, Program on Information Justice and Intellectual Property Professorial Lecturer in Residence, American University
Professor Michael Geist, Chair of Internet & E-commerce Law, University of Ottawa
Professor Peter Jaszi, Glushko-Samuelson Intellectual Property Clinic, American University
Bill Patry, Author of Patry on Copyright (the definitive eight volume treatise on US Copyright law) and Senior Copyright Counsel, Google

The seminar will be moderated by Tim Webb, partner, Clayton Utz

Book here or under 'seminars' on this website

December 9th, 2016

In June 2015, the Copyright Act was amended to allow content owners and exclusive licensees to apply to the Federal Court for an order requiring an ISP to take “reasonable steps” to disable access to an “online location”.  In February 2016, Village Roadshow, the US movie studios and Foxtel filed the first applications under the new legislation. The first decision of the Federal Court is about to be handed down.

The Communications and Media Law Association (CAMLA) and Baker McKenzie are holding a panel discussion to review the decision and discuss the implications of the judgment for content owners and ISPs.

The panel includes:

Andrew Stewart, Partner, Baker McKenzie
Professor Kimberlee Weatherall, Associate Dean, The University of Sydney
Timothy Webb, Partner, Clayton Utz

Thursday 2nd February at 6:15pm

Baker McKenzie
Level 27, 50 Bridge Street, SYDNEY

$70 (incl GST) for CAMLA members
$95 (incl GST) for non-CAMLA members

Book here

To encourage openness and the sharing of information for the benefit of its members, unless specified otherwise, all CAMLA events are subject to the "Chatham House Rule" which provides that participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.

December 6th, 2016

1st prize: $1,000 & one year CAMLA membership

The Communications and Media Law Association is holding an essay competition over the summer of 2016 -2017. Entrants are encouraged to submit 1000 to 3000 words on a subject relating to communications or media law.

The purpose of this essay competition is:

  • To reward original thought in the areas of communications and media law and policy.
  • To encourage high quality work in communications and media law courses and practice.
  • To improve links between those studying and commencing work with more established practitioners.

Please see here for entry details.

Entries Due: Friday 13th January 2017 to: camla@tpg.com.au or
CAMLA Essay Competition, PO Box 345, HELENSBURGH NSW 2508

November 14th, 2016

The Communications and Media Law Association’s (CAMLA) Young Lawyers committee is calling for expressions of interest from CAMLA's young lawyer members to become part of this committee for 2017.

CAMLA Young Lawyers is an official sub-committee of CAMLA of up to 15 young lawyers who represent the interests of young lawyers working in, or who have an interest in, communications and media law in Australia. CAMLA Young Lawyers also assists the CAMLA Board with fulfilling its objectives.

The CAMLA Young Lawyers committee aims to be representative of all sectors of communications and media law including private practice, in-house, government/regulatory, academia and persons with a genuine interest in the area, including students.

The CAMLA Young Lawyers committee is a 'hands-on' committee and all members are called on to actively participate and contribute.

Committee members are asked to attend all monthly meetings and are required to participate in organising events and contribute to the Communications Law Bulletin.

If you would like to nominate to become a 2017 CAMLA Young Lawyers committee member, please send us a brief CV and explanation as to why you would like to be part of CAMLA Young Lawyers for 2017.

Please email your expression of interest to camla@tpg.com.au by Friday 25 November 2016.

You must be an existing member of CAMLA to apply (or arrange your membership through the CAMLA website: www.camla.org.au prior to submitting your application).

Successful applicants will be notified by email.