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.
2021 - Volume 40
Observations on the High Court’s Voller Judgment
Eli Fisher, Network Ten ViacomCBS, and Dominic Keenan, Allens, have summarised the judgment and
called on some of the leading defamation lawyers in the country for their comments on this important judgment:
David Rolph (Professor, University of Sydney)
Sophie Dawson (Partner, Bird & Bird)
Marlia Saunders (Partner, Thomson Geer)
Ali Kerr (Senior Legal Counsel, Network Ten ViacomCBS)
Kevin Lynch (Partner, Johnson Winter & Slattery)
Dr Matt Collins AM QC (Senior Counsel, Aickin Chambers)
Sue Chrysanthou SC (Senior Counsel, 153 Phillip Barristers)
Justine Munsie (Partner, Addisons)
2021 in CAMLA
A Message from the President, Martyn Taylor (Norton Rose Fulbright)
CAMLA Webinar Report Governing in the Internet Age with The Hon. Paul Fletcher MP
By Calli Tsipidis (Chair, 2021 CAMLA Young Lawyers Committee & Legal Counsel at Foxtel Group)
CAMLA Defamation Judges’ Panel Discussion|
On the evening of 7 December, CAMLA members were treated to an enlightening and invaluable panel discussion with judges from the three main Courts hearing defamation cases in Australia:
Judge Judith Gibson, District Court of NSW
Justice Michael Lee, Federal Court of Australia
Justice John Sackar, Supreme Court of NSW
Moderated by Dauid Sibtain a barrister at Level 22 Chambers, and Marina Olsen, a partner at Banki Haddock Fiora.
Choppergate: The Urgent Application to Get the Melbourne Media Helicopter Back in the Sky
Conor O’Beirne, Associate, Thomson Geer, tells the story of the urgent application to oppose CASA’s designation of the Melbourne CBD as a no fly zone,
preventing the Melbourne media helicopter from being able to cover the COVID protests.
Report: CAMLA AdTech Seminar
By Amy Riley, Senior Associate – Allens
Ian Angus – 1948-2021
A tribute by Leanne Norman, Partner, Banki Haddock Fiora
The UK Supreme Court Hands Down Judgment in Lloyd v Google
David Cran, Head of IP and Tech, Olly Bray, Senior Partner, and Alex Vakil, Senior Associate, RPC comment on the recent Lloyd v Google judgment.
The Battle (royale) Continues Between Epic and Apple
Sarah Gilkes, Partner, and Ben Cameron, Senior Associate, Hamilton Locke, comment on the Epic Games v Apple stoush
Privacy Panel
In October 2020, the Attorney-General’s Department commenced the broad review of the Privacy Act and, in October 2021, the Attorney-General’s Department
released a Discussion Paper, which addresses the issues above.
And to help us make sense of what’s being proposed, and the strengths and limitations in these proposals, we’ve assembled some of the leading privacy lawyers in our CAMLA community:
Katherine Sainty (Sainty Law)
Sophie Dawson (Bird & Bird)
Olga Ganopolsky (Macquarie Group)
Ross Phillipson (Norton Rose Fulbright)
Anna Johnston (Salinger Privacy)
Rebecca Lindhout (McCullough Robertson)
Ashleigh Fehrenbach (RPC)
Interview: Zeina Milicevic – Partner, MinterEllison
By Ashleigh Fehrenbach (RPC and CLB co-editor)
Journalism via Twitter, or Fake News? Social Media and the Limits of Journalist Privilege and Anonymous Informants
Ian Bloemendal, partner, Nick Josey, senior associate, and Fergus Rees, Clayton Utz, explain why commentators on Twitter or other forms
of social media must be cautious when using information received from anonymous sources.
CAMLA Young Lawyers Committee 2021 Chair Report from Calli Tsipidis
The Metes and Bounds of the Federal Court’s Jurisdiction in Defamation Matters – How Far Does it Extend?
Ben Regattieri, Lawyer, and Marina Olsen, Partner, Banki Haddock Fiora, consider the jurisdiction of the Federal Court to hear defamation matters.
Lessons for Social Media Users: One Defamatory Tweet Can Cost You $35,000
Tess McGuire, Lawyer, and Annabelle Ritchie, Associate, MinterEllison, comment on the recent Dutton v Bazzi judgment
Between 7 and 11 Lessons You Can Learn from the Latest OAIC Privacy Case
Anna Johnston, Principal, Salinger Privacy, tells us why a case involving facial recognition technology and customer satisfaction surveys offers plenty of lessons in how privacy law applies to Australian businesses
SPECIAL MUSIC INDUSTRY EDITION
COVID: The Day(s) the (live) Music Died
Chris Johnson, Director of Legal Services at APRA AMCOS, helps explain licensing obligations in a streaming environment.
Interview: Brett Oaten
Jessica Norgard, Senior Legal Counsel at nbn, delves into the glamourous world of media and entertainment law with Brett Oaten, Principal Solicitor/Founder at Brett Oaten Solicitors.
The Legal Status of Viral Sea Shanties
By Miriam Zanker, Lachlan Sadler and Jodie Goonawardena – Davies Collison Cave
Interview: Mark Holden
Isabella Boag-Taylor, Associate at Bird & Bird, chats to Mark Holden about his many insights into the music industry, the legal challenges it faces, and his dual careers in music and the law.
A Discussion with Telecommunications Industry Ombudsman, Judi Jones
Taylor Swift is ‘Fearless’: The Rights to an Artist’s Music
Ellen Anderson, Solicitor at Addisons, comments on the copyright dispute between Taylor Swift and the new owners of her original master recordings
Interview: Dan Rosen, President of Warner Music Australasia
Ashleigh Fehrenbach, co-editor, interviews Dan Rosen to talk about his career, law and the music industry.
2021 CAMLA Young Lawyers Injurious Falsehood 101 event
Risks and Roblox: Music Publishers Settle Lawsuit in Relation to User Generated Content
Anita Cade, Partner, Ted Talas, Senior Associate, and Helen Wei, Law Graduate, comment on the use of music in digital user platforms,
looking at cases such as Roblox, the challenges such platforms present for music rights holders, and possible solutions.
TuneIn Tuned Out by Court of Appeal
By David Cran (Partner), Alessandro Cerri (Senior Associate) and Ashleigh Fehrenbach (Senior Associate) – RPC
Copyright Owners “Don’t Have to Take it”: Federal Court of Australia Awards Substantial Remedy for Copyright Infringement, Plus Double Damages for Flagrancy
Sue Gilchrist, Partner and Head of Intellectual Property in Australia, Aaron Hayward, Senior Associate, and Sophie Yates, Solicitor, Herbert Smith Freehills, comment on the Federal Court’s recent Universal Music v Palmer decision.
Not In Sync: Music Licensing in the Age of Influencer Advertising Labels and Publishers Zero in on Copyright Infringement in Social Media Advertising
Sheenal Singh, Senior Associate at MinterEllison and John Fairbairn, Partner at MinterEllison, comment on the unauthorised use of sound recordings on platforms.
Interview: Damien Rinaldi
Sasha Ognjanova, Graduate Lawyer, Legal and Business Affairs at Sony Music Entertainment Australia, sits down with Damian Rinaldi, Founder and Principal, Sonic Lawyers & Sonic Rights Management, to talk about his career at the forefront of music law.
Sports Law 101 Roundup
Belyndy Rowe, Senior Associate at Sainty Law, reports on the Sports Law 101 webinar in September.
Love is in the Air (and s 31 of the Copyright Act). A case note on Boomerang Investments Pty Ltd v Padgett [2020] FCA 535
Kosta Hountalas, Solicitor, Herbert Smith Freehills, comments on the Love is in the air judgment and the relationship of lyrics to a musical work.
40th Anniversary Edition
2021 marks 40 years of the Communications Law Bulletin.
To commemorate the occasion, Ashleigh Fehrenbach and Eli Fisher, co-editors, assembled seven of the community’s most noteworthy veterans, for a chat about the practice of media, IP and technology law over the last 40 years:
- Bruce Burke
- The Hon. Dr Annabelle Bennett SC
- Charles Alexander
- Peter Bartlett
- Mary Still
- Peter Banki
- James (Jim) Dwyer
ALSO IN THIS SPECIAL ISSUE:
Comment is Free, But at What Cost? An Evaluation of the Impacts of Voller on the Concept of Defamatory Publication
By Isabella Barrett, University of Sydney
The Concerns Notice Prerequisite – An Early Escalation of Cost and Formality
By Kevin Lynch, Partner and Heather Pym (Johnson Winter & Slattery)
The New Public Interest Defence to Defamation
By Jake Blundell, Senior Associate, Banki Haddock Fiora
CAMLA Networking Event 2021 report
By Belyndy Rowe, Senior Associate, Sainty Law
It’s the Name of the Game: The Relationship Between Goodwill and Branding
By Tara Koh, Solicitor, Addisons
Profile: Alison Shilkin Principal Legal Counsel, Foxtel
Co-editor, Eli Fisher, recently caught up with Alison Shilkin, Principal Legal Counsel at Foxtel, to discuss Ali’s career and thoughts on the media landscape.
CAMLA YL Privacy Seminar 101: The Recap
By Jessica Norgard, Senior Legal Counsel, nbnco
Google v Oracle: The Evisceration of Copyright
Emma Johnsen, Senior Associate at Marque Lawyers, discusses the US Supreme Court’s Google v Oracle decision.
Don’t Ask Journalists to Keep Your Secret: Source Confidentiality In Australian Media
By Anna Kretowicz, University of Queensland
Stage 2 of the Australian Defamation Law Reform Process – Report
By Joel Parsons (CAMLA YL Representative, Bird and Bird
Stage 2 of the Defamation Reform Process: A Can of Digital Worms is Opened
By Marlia Saunders, Senior Litigation Counsel, News Corp Australia (soon to be Media Law Partner at Thomson Geer)
Social Media and Suppression Orders: The End of e-secrecy?
By Kate Mani, Law Graduate, at Corrs Chambers Westgarth
ACCC Finds ‘Significant Issues’ With Operation of App Marketplaces by Apple and Google
Luke Dale, Partner, and Daniel Kiley, Special Counsel, HWL Ebsworth, consider the ACCC’s report into App marketplaces.
Enhancing Press Freedom in Australia: Establishing a Media Freedom Act with Coordinated National Security Law Reform
By Mia Herrman, UNSW Law Graduate at Legal Vision
Suing Google, Facebook or Twitter for Defamation
By Michael Douglas, Bennett + Co
The ACCC Continues its Foray into Data Privacy in ACCC v Google
By Edmond Lau, Michael Thomas, Paul Kallenbach and Miranda Noble, MinterEllison
International Women’s Day Edition
At CAMLA, we like to celebrate International Women’s Month, because we believe it deserves more recognition than just a single day.
In connection with this important time of year, we are excited to share a special edition of the CLB celebrating the many illustrious and diverse contributions of some of our industry’s leading women including:
The Honourable Justice Lucy McCallum, Justice of the New South Wales Court of Appeals
Beverley McGarvey, Chief Content Officer and Executive Vice President, ViacomCBS Australia and New Zealand
Rebecca Dunn, IP Partner at Gilbert + Tobin
Karen Hayne, Partner at Addisons
Anne Petterd, Partner at Baker McKenzie
Zeina Milicevic, Partner at MinterEllison
Emma German, Senior Legal Counsel at ViacomCBS ANZ
Shanti Berggren, Deputy General Counsel, Business Legal for Optus
Marina Olsen, Partner at Banki Haddock Fiora
Kate Barrett, Co-founder of Markster
Felicity Drexel, Legal Counsel for The Walt Disney Company Australia and New Zealand
Alexandra Tselios, CEO and founder of The Big Smoke
Kim “Busty Beatz” Bowers and Lisa Fa’alafi (Hot Brown Honey)
Cassandra Heilbronn, Regulation Legal Manager in Sports & Entertainment at the Royal Commission for AlUla in Saudi Arabia
Sophie Malloch, Director of Legal for Facebook Australia, New Zealand and the Pacific
Sue Chrysanthou, SC Barrister at 153 Phillip Barristers
Jade Tyrrell, Litigation and Dispute Resolution Associate at Johnson Winter & Slattery
Clarissa Amato, Barrister and Member of Banco Chambers
Melissa Corbutt, Head of Legal APAC at Bravura Solutions
Melissa Quinn, Senior Corporate Counsel at Optus
Marlia Saunders, Senior Litigation Counsel at New Corp Australia
Claudia Wallman, Senior Legal Counsel at Spotify
Jenna Adamson, Legal Counsel at L’Oréal A/NZ
Rebecca Lindhout, Special Counsel at McCullough Robertson
Samantha Walker, Legal Counsel for NOVA Entertainment
Joelle Vincent, Counsel and Manager, Intellectual Property, APAC at Netflix
Courtney Scallan, Executive Counsel at Nine Entertainment Co
Lyndelle Barnett, Barrister at Level 22 Chambers
Rebecca McCloy, Director of Acquisitions and Sports Partnerships at Fox Sports
Natasha Howitt, Director for Production Security and Intelligence in APAC at Netflix
Tracey Scott, Deputy Commissioner at Australian Professional Leagues
Sophie Dawson, Partner at Bird & Bird
We’ve compiled a series of short interviews with around 30 leaders from a range of backgrounds and experiences across media, communications, IP, advertising, privacy, sport, entertainment and tech. We have celebrated the voices of brilliant women from the bench, the bar, private practice, in house, and executive roles. The CAMLA industries in Australia are driven by the intelligence, grit, warmth, leadership, talents and wisdom of many incredible women – and we can only capture a small sample of that in these pages.
2020 - Volume 39
Our CLB Co-Editor Ashleigh Fehrenbach reports on his reflections on these roles, as well as his thoughts on technology, privacy and defamation in Australia.
The New Defamation Laws: 2021 and Beyond
A transcript of the CAMLA webinar on the new defamation law reforms, moderated by Robert Todd, Partner at Ashurst.
Caitlin Whale, Special Counsel, Baker McKenzie, sits down with Rachael Zavodnyik, Head of Legal and Government Affairs APAC, Infosys.
Gina McWilliams, Senior Legal Counsel, News Corp Australia, considers journalists being required to reveal confidential sources under Queensland’s Crime and Corruption Act 2001, following F v Crime and Corruption Commission.
CAMLA President’s Report by Martyn Taylor, Norton Rose Fulbright
CAMLA Young Lawyers Committee 2020 Report, Calli Tsipidis, Fox Sports
Event Report by Jessica Norgard (NBN Co)
Court Confirms Test and Principles for False, Misleading or Deceptive Conduct
Intergenerational Interesting Interview
Camille Gray – a Strategist at Initiative Australia, where she specialises in digital marketing and retail strategy. Her role puts her at the forefront of digital advertising, especially for large multinational tech companies.
John Gray is a Technology and IP partner at Hall & Wilcox’s Sydney office. John is named in Best Lawyers™ Australia for IT Law, IP Law, Outsourcing Law, Privacy and Data Security Law, Telecommunications Law, Commercial Law and Corporate Law, and was named Lawyer of the Year for Information Technology Law for 2021.
Australian Media Law Reforms: The Regulatory Agenda for 2021
Alison Manvell, Special Counsel, and Claudia Berman, Associate, Baker McKenzie, comment on the media reform package proposed by the Federal Government in November.
National Defamation Law Reform
By Peter Bartlett, Patrick Considine, Dean Levitan, Anabelle Ritchie, Dougal Hurley and Joshua Kaye, MinterEllison
The ACCC’s Clear Warning – The Time is Now to Perfect Privacy Policies and Procedures
CAMLA Breakfast Seminar The Hon. Paul Fletcher MP: A Staged Approach to Media Reform: Where We Are and the Road Ahead
Report by Tom Barkl, ACMA
Defamation in the Public Interest: A New Defence to Defamation in NSW
By Dominic Keenan
Protecting Fashion and the Role of Intellectual Property
Jennifer Huby & Ben Cameron, HWL Ebsworth
CAMLA Young Lawyers Speed Mentoring Event
Jessica Millner, MinterEllison
Interview: Philippa Bergin-Fisher, General Counsel, Zimmermann
Eli Fisher, co-editor
Catching Trade Mark Law up with the Reality of Online Retail Pinnacle Runway Pty Limited v Triangl Limited
Rebecca Smith, Gilbert +Tobin
City Beach’s Folly – Taking a Substantial Part of Seafolly’s Artwork
Amy Campbell, HWL Ebsworth
Interview: Marina Mitrevski Executive, General Counsel & Company Secretary at THE ICONIC
Isabella Street, Sony Music Entertainment
Counterfeits Brought to Heel – Manolo Blahnik v Estro Concept
Ashleigh Fehrenbach, MinterEllison
Michael Jordan & New Balance Lead the Charge in Bringing Chinese Trade Mark Laws Into the Global Fold
Nathan Mattock, Emma Johnsen & Laksha Prasad, Marque Lawyers
Copyright Law and the Depiction of Tattoos in Popular Media
Anita Cade & Lachlan Wright, Ashurst
CAMLA Young Lawyers Non-publication & Suppression Orders 101 event
Ellen Anderson, Addisons
Interview: Justin Cudmore, Partner, Marque
Emma Johnsen, Marque
Elwood v Cotton On
Joel Parsons, Bird & Bird
War Crimes, Defamation and the Scope of Journalistic Privilege under the Evidence Act 1995 (Cth): Roberts-Smith v Fairfax Media Publications Pty Ltd (No 3) [2020] FCA 2
Adaena Sinclair-Blakemore, Associate, Baker McKenzie, explains the significance of the recent Roberts-Smith v Fairfax judgment on journalists’ sources.
Major ACCC Win, Federal Court Rules Trivago Misled Customers
Teresa Torcasio, Partner, Laura Young, Partner and Chantelle Radwan, Law Graduate, HWL Ebsworth, comment on the Federal Court’s judgment in ACCC v Trivago.
2020 Vision: IP Commercialisation Lessons from USYD v ObjectiVision
Kosta Hountalas, Lawyer, MinterEllison, discusses the recent ObjectiVision judgment and the implications it has for commercialising intellectual property.
Australian Government Opens Consultation on a New Online Safety Act
Liz Grimwood-Taylor, Knowledge Lawyer, Baker McKenzie, comments on the proposed changes to the Online Safety Act.
AI: Understanding the IP: An In-depth Analysis of Copyright and the Challenges Presented by Artificial Intelligence
Nina Fitzgerald, Partner; Eoin Martyn, Senior Associate; Caroline Christian, Lawyer; Jasmin Collins, Summer Clerk, Ashurst, discuss the issues that arise in the ownership of AI-generated intellectual property.
Defamation: The Social Media, Social-distancing Edition
Rebecca Lindhout – Special Counsel, McCullough Robertson Lawyers and Robert Lee – Solicitor
Debra Richards’ reputation as a trailblazer in the media and entertainment precedes her (and we aren’t just talking about her hosting of the CAMLA Cup for many years!) – Debra is the former CEO of both ASTRA and Ausfilm, and is currently the Director of Production Policy at Netflix for the APAC region. Debra speaks with Jessica Norgard, Acting Deputy General Counsel (Communications, IP and Commercial) at nbn about her renowned career, challenges that the media & entertainment industry are facing and the path forward for Australian content.
Why it’s Time to stop Force-feeding Cookies to Users
Michael Do Rozario and Simon Johnson, partners, and Bianca Collazos, law graduate, Corrs Chambers Westgarth.
COVID Communications: How Fake News Fanned Coronavirus Hysteria and should intermediaries be held responsible for online falsehoods?
By Rachel Baker, Clayton Utz
Death by Rating – The Rise of Google Review Defamation Suits in Australia
By Nicole Phillips, Arnold Bloch Leibler
A Lesson in Why Not to Sue for Defamation (or, at least, to settle early):
KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden [2020] NSWCA 28 (3 March 2020)
By Marlia Saunders, News Corp Australia
Profile: Melissa J. Sequeira, Legal Manager and Company Secretary at ViacomCBS Networks (Pay) ANZ
CLB Co-editor, Eli Fisher (Baker McKenzie), chats to Melissa about her career and her reflections on this unique time.
Injurious Falsehood and the Fine Line Between Colourful Language and Malice: Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873 [2019] NSWSC 1576
By Adaena Sinclair-Blakemore, Baker McKenzie
Smethurst v Commissioner of Police [2020] HCA 14: Case note
By Will Sharpe, HWL Ebsworth
OAIC v Facebook
Katherine Sainty & Belyndy Rowe, Sainty Law discuss the Privacy Commissioner’s claim against Facebook in relation to Cambridge Analytica.
Copyright in the 2010s The Decisions that Defined the Decade
Rebecca Dunn, Partner, and Natalie Zwar and Caitlin Meade, lawyers, Gilbert + Tobin
discuss the evolution of copyright law in the 2010s and where copyright law is headed in this new decade.
National Security and Tech: The New Decade
Patrick Fair, Principal at Patrick Fair Associates, comments on the developments at the intersection of national security and tech between 2010-2019, and on what’s on the agenda in this space for the next decade.
A New Decade of Data Privacy
Eli Fisher, Senior Associate at Baker McKenzie, discusses the main developments in data privacy law in the 2010s and comments on what lies ahead in the 2020s.
Profile: Associate Professor Jason Bosland
Associate Professor Bosland speaks with barrister Claire Roberts
about academia, suppression orders, and what’s wrong with Australian defamation law.
Defamation Law for a New Decade
Sophie Dawson, Partner (Australia), and Phil Gwyn, Associate (UK), Bird & Bird, discuss what lies ahead for defamation law in the new decade.
A Decade of Contempt and the Media:
Ensuring That Justice Must Be Seen to be Done
Katherine Giles, Senior Associate at MinterEllison, discusses the previous decade in contempt law and where the 20s might take us.
All Talk, No Cause of Action: Where to Next for an Australian Cause of Action for Serious Invasion of Privacy?
Jim Micallef and Madeleine James at Corrs Chambers Westgarth discuss the developments that took place in the 2010s in relation to a privacy tort in Australia, and what may lie ahead in the 2020s.
eSports – Is it a Sport, a Business or Both?
A Look at the eSports Industry as it Enters a New Decade Emma Johnsen, Senior Associate at Marque Lawyers, comments on previous decade of eSports and what’s on the agenda for the 2020s.
Telecommunications – A Decade of Change
Joel von Thien, Partner, and Jonathan Selby, Lawyer, at Clayton Utz, discuss the developments that took place in the telecommunications space in the 2010s and what is on the agenda for the coming decade.
2020 CAMLA Young Lawyers Networking Event report
By CAMLA Young Lawyer Committee representative Amy Campbell, Senior Associate, HWL Ebsworth.
2019 - Volume 38
Australia’s Right to Know
Eli Fisher, co-editor, sits down with some of the individuals at the forefront of Australian investigative reporting and press freedom.
“Something More, Something Less”:
The Contemporary Meaning of Open Justice
Speech by The Hon T F Bathurst AC, Chief Justice of New South Wales at CAMLA’s Open Justice seminar.
Please Takedown Facebook (strike that, reverse it)
Hannah Marshall and Sophie Ciufo, Marque Lawyers, survey the social media landscape.
Defamation Law and the Search Engine Operator Exception
Cheng Vuong, sessional academic at Swinburne Law School, presents his paper which won the 2019 CAMLA Essay Competition.
Royals and the Right to Privacy:
Comment on the Recent Claim by the Duchess of Sussex
By Claire Roberts, Eight Selborne
CAMLA President’s Report
By Martyn Taylor, Norton Rose Fulbright
CAMLA Young Lawyers Committee Report
By Katherine Sessions, eSafety Commissioner
ACCC Seeks to Restore Balance in the Media Industry
Tess McGuire, graduate at MinterEllison, discusses the final report of the ACCC’s Digital Platform Inquiry.
Consumer and Citizen Engagement in Self-regulation and Co-regulation:
An Industry Stock Take
Karen Lee and Derek Wilding, University of Technology Sydney, report on their research into the ways consumers and citizens have been involved in rule-making in the Australian advertising, media, online and telecommunications sectors.
Australia’s Right to Know
Eli Fisher, co-editor, sits down with some of the individuals at the forefront of Australian investigative reporting and press freedom.
“Something More, Something Less”:
The Contemporary Meaning of Open Justice
Speech by The Hon T F Bathurst AC, Chief Justice of New South Wales at CAMLA’s Open Justice seminar.
Please Takedown Facebook (strike that, reverse it)
Hannah Marshall and Sophie Ciufo, Marque Lawyers, survey the social media landscape.
Defamation Law and the Search Engine Operator Exception
Cheng Vuong, sessional academic at Swinburne Law School, presents his paper which won the 2019 CAMLA Essay Competition.
Royals and the Right to Privacy:
Comment on the Recent Claim by the Duchess of Sussex
By Claire Roberts, Eight Selborne
CAMLA President’s Report
By Martyn Taylor, Norton Rose Fulbright
CAMLA Young Lawyers Committee Report
By Katherine Sessions, eSafety Commissioner
ACCC Seeks to Restore Balance in the Media Industry
Tess McGuire, graduate at MinterEllison, discusses the final report of the ACCC’s Digital Platform Inquiry.
Consumer and Citizen Engagement in Self-regulation and Co-regulation:
An Industry Stock Take
Karen Lee and Derek Wilding, University of Technology Sydney, report on their research into the ways consumers and citizens have been involved in rule-making in the Australian advertising, media, online and telecommunications sectors.
Defamation Panel: Voller v Nationwide News Pty Limited; Voller v Fairfax; Voller v Australian News Channel [2019] NSWSC 766
Following a hearing in February this year, the Supreme Court handed down its judgment in the Voller case on 24 June 2019, and the result is intriguing for a host of reasons. Five defamation specialists discuss the judgement:
Marlia Saunders is Senior Litigation Counsel at News Corp Australia.
Kevin Lynch is a Media Litigation partner at Johnson Winter & Slattery.
Sophie Dawson is a Media and IT Litigation partner at Bird & Bird.
Robert Todd is a Media and Technology Litigation partner at Ashurst.
Justine Munsie is a Media and IP partner at Addisons.
The Ethics of Artificial Intelligence: Laws from Around the World
Paul Kallenbach, Vanessa Mellis, Annabelle Ritchie and Siegfried Clarke at MinterEllison give us a global view of the laws regulating artificial intelligence.
Diving into the Deep End: Regulating Deepfakes Online
Ted Talas and Maggie Kearney, Ashurst, take us through the legal framework regulating deepfakes.
The 2019 CAMLA Cup
Social pages from our annual trivia night.
Interview: Richard Ackland AM
Richard Ackland catches up with Patrick Tyson (ABC) for a discussion about press freedom, national security and news in an increasingly digital world.
CAMLA Young Lawyers: Challenges and Opportunities in the Telco Sector panel discussion
By Amy Campbell (HWL Ebsworth)
Profile: Dr Matt Collins QC
Dr Collins speaks with Madeleine James (Corrs Chambers Westgarth) about a range of topics including privacy, contempt, and how to fix our “failing” defamation laws.
Beyond Asimov’s Three Laws: A New Ethical Framework for AI Developers
By Paul Kallenbach, Vanessa Mellis, Siegfried Clarke at MinterEllison
The Concerns and Competing Interests Surrounding Australia’s New Social Media Legislation
Sophie Dawson, Partner at Bird + Bird, considers the changes to the Criminal Code following the Sharing of Abhorrent Violent Material amendment in April this year.
Interview: Larina Alick
CAMLA Young Lawyers representative and lawyer at Banki Haddock Fiora, Antonia Rosen, catches up with Larina Alick, Editorial Counsel at Nine Publishing and Australian Community Media, for a chat about defamation reform and suppression orders – the age old issues and the heralds of change.
Still Phishing: The Notifiable Data Breaches Scheme One Year On
Rebecca Lindhout, Special Counsel, and Andrew Miers, Partner, HWL Ebsworth Lawyers, reflect on the OAIC’s Notifiable Data Breaches Scheme 12-Month Insights Report.
The View: AFP Raids
The recent Australian Federal Police raids of the ABC’s headquarters in Sydney caused quite a stir. The raids resulted in wildly divergent views and we have canvassed some of those from high-profile commentators inside.
Israel Folau and Rugby Australia
A What Not to Do Guide to Mediation About Religious Speech
Dr Mitchell Landrigan, Adjunct Professor, Faculty of Law, University of Technology Sydney, gives us his thoughts about the strategy adopted in the Folau and Rugby Australia dispute.
CLB Interview: Anna Johnston
To celebrate Privacy Awareness Week and the anniversary of the GDPR (we’re fun like that here at the Communications Law Bulletin ), Eli Fisher, co-editor, sat down with Anna Johnston to talk about what’s happening in data law.
Uncharted Waters: Storm on the Horizon for Online Pirates
Robert Todd, Paul Dimitriadis and Lachlan Wright, Ashurst, report on amendments to section 115A of the Copyright Act 1968 (Cth), which have given courts new and improved powers to require internet service providers and search engines to block access to websites and other online locations that infringe copyright.
CAMLA Young Lawyers Networking Panel Event report
By CAMLA Young Lawyer Committee representative Madeleine James, Corrs Chambers Westgarth
Hells Angels Hath No Fury: An Insight Into Internet Intermediaries
By Laksha Prasad, Graduate, HWL Ebsworth, considers the Hells Angels claim against Redbubble.
Objective Failure: Defamation Law Reform and the Lack of Regard to the Objects of the Defamation Act
By Robert Todd, Partner and Rachel Baker, Lawyer at Ashurst.
The NSW Government Discussion Paper on Defamation Law Reform
By Judge Judith Gibson
CAMLA Integrity in Sports Seminar:
Ensuring Fair Play for Our Sports, Our Players and Our Brands
Report by Calli Tsipidis, Junior Legal Counsel at FOX SPORTS Australia
Defamation Seminar 28 March 2019
Report by Antonia Rosen, Banki Haddock Fiora
Send in the Take-downs
Sophie Dawson, Joel Parsons and Eleanor Grounds, Bird & Bird take a look at preliminary Recommendation 7 which proposes a mandatory take-down standard,
and consider how it will operate in the context of sections 36(1A), 101(1) and 115A of the Copyright Act.
The ACCC’s Proposed Algorithm Regulator:
The Right Level of Intervention?
Adam Zwi considers the ACCC’s recommendation to create an ‘algorithm regulator’.
Profile: Les Wigan Chief Operating Officer of Kayo Sports
CAMLA Young Lawyers representative and co-secretary for 2019, Calli Tsipidis, recently caught up with Les Wigan, to discuss his career, role as Chief Operating Officer of Kayo Sports in Sydney and the challenges of the digital landscape both past and present.
Stranger Than Fiction: The Truth Behind “Fake News”
CLB Interview: Rachel Launders, Nine
Ashleigh Fehrenbach, Senior Associate at MinterEllison and co-editor, interviews Rachel Launders, General Counsel and Company Secretary at Nine to discuss working in-house at a major Australian news organisation and the effect of the ACCC’s digital platform’s inquiry. Prior to her current role, Rachel was a partner at Gilbert + Tobin.
The ACCC Takes a Bite of the Privacy Pie
Eva Lu, Associate, at Thomson Geer, provides a summary of the privacy and data related recommendations from the ACCC’s Digital Platform Inquiry Preliminary Report
2018 - Volume 37
DISRUPTOR EDITION
Defamation Trials: Why Plaintiffs are Rush(ing)to File in the Federal Court
Richard Leder (Partner), Sanjay Schrapel (Senior Associate) & Conor O’Beirne (Law Graduate), Corrs Chambers Westgarth consider developments in defamation practice in Australia following the decision in Crosby v Kelly (Crosby) where the Federal Court of Australia decided that it has jurisdiction to hear defamation matters. A number of early advantages for plaintiffs may exist.
Questions for Madeline Hall, Banco Chambers
With Imogen Yates, Tipstaff to the Honourable Justice Slattery in the Equity Division of the Supreme Court of New South Wales.
The Hack Back: The Legality of Retaliatory Hacking
Valeska Bloch, Sophie Peach and Lachlan Peake consider whether organisations in Australia and abroad have a right to ‘hack back’ in response to a cyber attack.
A Flood of Damages for Defamation: The Dam Breaks in Wagners v Harbour Radio
By Julie Cheeseman, Counsel and Bianca Newton, Graduate, Ashurst.
Interview with Katherine Sessions
Dr Martyn Taylor, sits down with Katherine Sessions, Senior Investigations and Compliance Officer at the ACMA and Chair of the CAMLA Young Lawyers Committee to discuss the communications and media industry from a young lawyer’s perspective.
Proposed Changes to EU Copyright Law – Implications for Rights Holders in the News and Media Industries
Kosta Hountalas, Lawyer, MinterEllison discusses some of the implications of the proposed EU Directive for Copyright in the Digital Single Market for the news and media industries.
Profile: Sophie Ciufo
Counsel Business and Legal Affairs at Viacom International Media Networks, a division of Viacom International Inc. CAMLA Young Lawyers Committee Member, Marie Karykis, caught up with Sophie Ciufo, Counsel at Viacom International Media Networks in New York to discuss her experience living and working overseas as an Australian lawyer.
Disruption in Legal Practice
Erika Ly, NSW President of The Legal Forecast, discusses disruption in the legal practice, especially as a result of AI technology.
Establishing a Right to Privacy in Australia: What Would it Look Like, and How Would it Work?
By Richard Leder (Partner) and Sanjay Schrapel (Senior Associate) Corrs Chambers Westgarth.
The Broadcasting Reform Act and Getting the Media We Need
CAMLA Young Lawyer Essay Competition Winner, Anna Belgiorno-Nettis, (Graduate, Gilbert + Tobin) takes a look at the economic and democratic questions around our latest media reforms.
CAMLA Young Lawyers Committee Speed Mentoring
Report by Nicholas Kraegen
Brace Yourselves: Data Portability Rights Are Coming to Australia
By Sophie Dawson & Ashna Taneja Bird & Bird
Considering International Non-Compete Clauses Within Employment Contracts
With young tech lawyers increasingly chasing professional opportunities overseas, Kate Simpson, a Senior Associate at Hentys Lawyers, discusses international non-compete clauses in employment contracts.
EU Antitrust Regulators Went After Google. Now They’re Going After Amazon…
Karla Nader, Lawyer, MinterEllison provides an overview of the European Commission’s recent competition investigations.
Interview with Amritha Thiyagarajan, Head of Social Ventures and Senior Lawyer at LegalVision
CAMLA Young Lawyers representative, Christian Keogh, recently caught up with Amritha Thiyagarajan to discuss her role as Head of Social Ventures and Senior Lawyer at LegalVision, and her work in the NewLaw space.
CAMLA Young Lawyers Year in Review
Growing Pains: The Modern “Grapevine Effect”
The “grapevine effect” has featured prominently in recent defamation decisions such as Bauer Media Pty Ltd v Wilson [No 2].
Sophie Dawson and Joel Parsons from Bird & Bird provide a brief look at this judicial shorthand.
Catch Up at the Bar: Recent Developments in Defamation Law
Ashleigh Fehrenbach, Senior Associate at Minter Ellison, interviews Tim Senior, a specialist media barrister at Banco Chambers, about recent developments in defamation law.
Old media, New media, Not media: Rethinking policy for the public interest
An extract from Michelle Rowland MP’s address to CAMLA.
Not-so-fair Comments – The Risks of Playing Host to Other People’s Views
By Michelle Hamlyn, Senior Associate, MinterEllison
Case Note: Australian Competition and Consumer Commission v Meriton Property Services Pty Ltd [2017] FCA 1305
Amy Campbell, Associate at HWL Ebsworth, considers the Federal Court’s decision.
Australian Class Actions in the Privacy Arena
Paul Forbes, Partner, Baker McKenzie and Ann-Maree Hartnett, Associate, Baker McKenzie discuss class actions in the privacy arena.
Profile: Peter Campbell – Partner in the Adelaide office of HWL Ebsworth
By Ishan Karunanayake, principal of Ishan Law, and a member of the CAMLA Young Lawyers committee.
A Guide to Your First Date With a Start-up
James Bull, Dan Poole and James Morvell, Hall & Wilcox, discuss the key lessons for working with start-up clients.
“Secondary Publisher Blues”: Online Platforms and Liability in Defamation
Sophie Dawson and Joel Parsons from Bird & Bird consider the current state of play in this fraught area.
Legal Issues Arising from Use of Open Source Software Components
Luke Dale, Partner, and Niomi Abeywardena, Special Counsel, HWL Ebsworth consider some of the legal issues arising from use of open source software components.
Interview with Geoffrey Robertson QC with Eli Fisher
How Will Consumers Value the Data They Provide After the Cambridge Analytica Revelations?
Demetrios Christou (Partner) and Eva Lu (Lawyer) at Thomson Geer consider the recent developments from the Facebook and Cambridge Analytica revelations.
The Federal Government’s Bold Vision for Data Availability and Use
Partner Gavin Smith, Senior Associate Jessica Selby and Lawyer Claudia Hall consider the Federal Government’s response to the Productivity Commission’s report on data availability and use, released 1 May 2018.
GDPR: The Final Countdown – What it Means for Australia
Veronica Scott, Special Counsel, and Ashleigh Fehrenbach, Associate, at MinterEllison, describe how the GDPR impacts Australian businesses, particularly in the media sector.
#Trending: The Rise of Social Media and the Challenges for Australia’s Defamation Law
Penelope Bristow, finalist in the 2018 CAMLA Young Lawyers Essay Competition, provides an overview of the application of defamation law in the context of social media.
Profile: Bruce McWilliam
Commercial Director at Seven West Media and Seven Group Holdings
CAMLA Young Lawyers representative, Michael Boland, recently caught up with Bruce McWilliam to discuss his role as the Commercial Director of Seven, some of his career highlights to date, and his thoughts on the trajectory of the broader media industry
International Standards for Data Breach Notification?
In this second part of a two-part article, Peter Leonard looks at data breach notification regimes in comparative jurisdictions and considers the challenges which arise where a data breach occurs across multiple jurisdictions.
Net Neutrality in Australia
Claudia Carr, a finalist in the 2018 CAMLA Essay Competition, provides some thoughts on the debate about the regulation of net neutrality in Australia, including the extra-territorial effect of the repeal of net neutrality regulations in the United States.
Heavy Secrets: The Filing Cabinet Papers – second part piece by Katherine Giles, MinterEllison.
6 Things You Should Know About the New NDB Scheme
Valeska Bloch, a partner at Allens, takes us through some of the key issues arising out of the new notifiable data breach scheme.
World First Inquiry Into Digital Platforms in the Media Sector
Dr Martyn Taylor (Partner), Louie Liu (Senior Associate), Emily Woolbank (Associate) of Norton Rose Fulbright consider the ACCC’s new inquiry into digital platforms
Insights Into the new Notifiable Data Breaches Scheme: Part 1
In part one of a two-part article, Peter Leonard, Principal, Data Synergies, provides some insights into the new Australian Notifiable Data Breach Scheme.
Profile: Martyn Taylor, Partner at Norton Rose Fulbright and CAMLA President
CAMLA Young Lawyers representative, Calli Tsipidis, recently caught up with Martyn Taylor, to discuss his career, role as Partner of Norton Rose Fulbright in Sydney and his vision as CAMLA President for 2018.
Can Robots Collude?
Paula Gilardoni, Partner, and Andrew Low, Lawyer, at Gilbert + Tobin consider whether robots can collude.
Copyright Act Amendments: Safe Harbour and Disability Access
Luke Dale, Partner, Eli Fisher, Senior Associate, and Jonothan Cottingham-Place, Law Clerk, at HWL Ebsworth consider some recent and proposed changes to the Copyright Act.
Restraints on Media Sector Consolidation The More Prominent Role of the ACCC
Dr Martyn Taylor (Partner), Louie Liu (Senior Associate) & Stephanie Phan (Associate) of Norton Rose Fulbright, consider the ACCC’s new Media Merger Guidelines
Rights Holders Rearmed with Preliminary Discovery Powers by Full Federal Court
Richard Hoad, Partner, and Sarah Martine, Lawyer, at Clayton Utz consider the recent Federal Court decision, which should ensure that the preliminary discovery process remains a real weapon in the armoury of rights holders who suspect that their rights are being infringed.
Anti-money Laundering and Counter Terrorism Financing Requirements Extended to Cryptocurrency Exchanges
Nick Karagiannis, Partner, Luke Dale, Partner, and Daniel Kiley, Senior Associate, at HWL Ebsworth, consider new regulation of cryptocurrencies.
2017 - Volume 36
The Future of Australian Media:
Creating a ‘Level Playing Field’ and Supporting Local Content
By Sophie Dawson, Partner, and Rachel Baker, Lawyer, Ashurst
Interview: Emeritus Professor Ron McCallum AO
Eli Fisher, co-editor, sits down with Emeritus Professor Ron McCallum AO, former Dean of Sydney Law School and consultant to HWL Ebsworth, to discuss Australia’s implementation of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled in the Copyright Act (Marrakesh Treaty), by way of the Copyright Amendment (Disability Access and Other Measures) Act 2017 (Amendment Act).
The Exorbitant Injunction in X v Twitter [2017] NSWSC 1300
The Supreme Court of New South Wales has issued a global injunction enjoining overseas defendants
to remove tweets of a corporate leaker By Michael Douglas
Converging Interests: Competition in a Revolutionary Age
An edited extract of the speech ACCC Chairman Rod Sims delivered at a CAMLA event on 31 October 2017.
Profile: Damian McGregor
Katherine Sessions catches up with Damian McGregor, Vice President Legal & Business Affairs NBCUniversal International (Distribution & Networks), to discuss working in-house at a major international media organisation.
Interview: Peter Harris AO
In light of the recently completed inquiries into Australia’s intellectual property arrangements, telecommunications universal service obligation, and data availability and use, the Chairman of Australia’s Productivity Commission, Peter Harris AO, sat down with Communications Law Bulletin co-editor, Eli Fisher, for a discussion about proposed changes to IP, telecommunications and data law.
Competition Law Reforms 2017
Relevance to the Telecoms and Media Sector
Dr Martyn Taylor, Partner, Norton Rose Fulbright and Lillie Storey, Associate, Norton Rose Fulbright identify the relevance of the competition law reforms for the telecommunications and media sector.
The Reality of blockchain in Australia
Lots of Plans but Waiting for Big Hit
Nick Abrahams, Partner, Norton Rose Fulbright tells us where blockchain is up to in Australia.
Copyright in Millions of Unpublished Works, Films and Sound Recordings to be Snuffed Out on 1 January 2019
By Peter Knight, Banki Haddock Fiora, Sydney
Changing the Focus on Originality in Part III Works – Moving from ‘Authoring’ to ‘Undertaking the Creation or Production’ CAMLA Essay Competition Finalist, Felicity Young considers a different approach to originality under the Copyright Act.
Special Defamation and Free Speech Edition: Vol 2
It Pays to be [a] Rebel When it Comes to Challenging Defamatory Publication:
A case note on Wilson v Bauer Media
By Rebecca Lindhout, HWL Ebsworth
The Damages Award in Wilson v Bauer Media
By David Rolph and Michael Douglas
This comment first appeared on The Conversation.
Interview: Michael Cameron
Michael Cameron, National Editorial Counsel at News Corp Australia, and winner of the 2017 Press Freedom Medal, sits down with co-editor, Eli Fisher, to discuss recent developments in free speech in Australia.
Putting Things in Context: Is Contextual Truth a Defence or a Distraction?
By Phillip Beattie, Senior Associate at Banki Haddock Fiora
CAMLA ‘International Electronic Marketing – Enforcement and Consent’ Seminar 18 May 2017
Report by Michael Boland, Regulatory Affairs Executive, Seven Network
Profile: Valeska Bloch, Partner, Allens
CAMLA Young Lawyers representative, Tom Griffin, recently caught up with Valeska Bloch to discuss her role as a partner at Allens and her views on the key issues facing her clients.
Publishing for Eternity: Legal and Practical Consequences of the Multiple Publication Rule in Defamation Law
Larina Mullins, Senior Litigation Counsel at News Corp Australia discusses the development of the multiple publication rule and its impact on the news media.
CAMLA Young Lawyers Practical Defamation Law Seminar
By Anika Valenti, Solicitor, Terri Janke and Company
Spreading the Risk of Harmful Words: Insurance Cover for Defamation
By Andrew Miers, Partner, HWL Ebsworth
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.CAMLA Communications Law Bulletin June 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
2016 - Volume 35
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.
Special Defamation and Free Speech Edition: Vol 2
It Pays to be [a] Rebel When it Comes to Challenging Defamatory Publication:
A case note on Wilson v Bauer Media
By Rebecca Lindhout, HWL Ebsworth
The Damages Award in Wilson v Bauer Media
By David Rolph and Michael Douglas
This comment first appeared on The Conversation.
Interview: Michael Cameron
Michael Cameron, National Editorial Counsel at News Corp Australia, and winner of the 2017 Press Freedom Medal, sits down with co-editor, Eli Fisher, to discuss recent developments in free speech in Australia.
Putting Things in Context: Is Contextual Truth a Defence or a Distraction?
By Phillip Beattie, Senior Associate at Banki Haddock Fiora
CAMLA ‘International Electronic Marketing – Enforcement and Consent’ Seminar 18 May 2017
Report by Michael Boland, Regulatory Affairs Executive, Seven Network
Profile: Valeska Bloch, Partner, Allens
CAMLA Young Lawyers representative, Tom Griffin, recently caught up with Valeska Bloch to discuss her role as a partner at Allens and her views on the key issues facing her clients.
Publishing for Eternity: Legal and Practical Consequences of the Multiple Publication Rule in Defamation Law
Larina Mullins, Senior Litigation Counsel at News Corp Australia discusses the development of the multiple publication rule and its impact on the news media.
CAMLA Young Lawyers Practical Defamation Law Seminar
By Anika Valenti, Solicitor, Terri Janke and Company
Spreading the Risk of Harmful Words: Insurance Cover for Defamation
By Andrew Miers, Partner, HWL Ebsworth
Special Defamation and Free Speech Edition: Vol 2
It Pays to be [a] Rebel When it Comes to Challenging Defamatory Publication:
A case note on Wilson v Bauer Media
By Rebecca Lindhout, HWL Ebsworth
The Damages Award in Wilson v Bauer Media
By David Rolph and Michael Douglas
This comment first appeared on The Conversation.
Interview: Michael Cameron
Michael Cameron, National Editorial Counsel at News Corp Australia, and winner of the 2017 Press Freedom Medal, sits down with co-editor, Eli Fisher, to discuss recent developments in free speech in Australia.
Putting Things in Context: Is Contextual Truth a Defence or a Distraction?
By Phillip Beattie, Senior Associate at Banki Haddock Fiora
CAMLA ‘International Electronic Marketing – Enforcement and Consent’ Seminar 18 May 2017
Report by Michael Boland, Regulatory Affairs Executive, Seven Network
Profile: Valeska Bloch, Partner, Allens
CAMLA Young Lawyers representative, Tom Griffin, recently caught up with Valeska Bloch to discuss her role as a partner at Allens and her views on the key issues facing her clients.
Publishing for Eternity: Legal and Practical Consequences of the Multiple Publication Rule in Defamation Law
Larina Mullins, Senior Litigation Counsel at News Corp Australia discusses the development of the multiple publication rule and its impact on the news media.
CAMLA Young Lawyers Practical Defamation Law Seminar
By Anika Valenti, Solicitor, Terri Janke and Company
Spreading the Risk of Harmful Words: Insurance Cover for Defamation
By Andrew Miers, Partner, HWL Ebsworth
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.
2015 - Volume 34
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.
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.’
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.
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.
2014 - Volume 33
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.
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.
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.
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.
2013 - Volume 32
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.
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.
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.
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.
2012 - Volume 31
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.
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.
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.
How Do You Solve 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.